On 1/26/06, Nolene Sherman <[log in to unmask]> wrote:

> In the 2002 thread, some states said that they specifically defined VM
> as a non-record not subject to FOIA (Florida and Oregon were mentioned).
> Has this held up? If that can be done for voicemail, why can't it be
> done for email?

first of all FOIA does not affect a publicly traded company. FOIA
decisions such as above can serve as a basis for what you want to do,
but I wouldn't rely to strongly on them unless you have the background
information that allowed those states to make those decisions.

>
> I'm interested in finding out how other public companies are handling
> these VM to .WAV systems. It's all well and good to say these things are
> records, but how are companies actually implementing such a policy? Or
> are they going the "non-record" route?

what I can point you to is the SEC reg 17 CFR 17a-4 which requires
that broker-dealers retain ALL client communications. Communications
is not defined. In this case a VM would be IMHO considered a record.
But your company is not (I suspect) subject that regulation.

Recently I attended an ARMA chapter meeting, the speaker noted that
their VM system does not record messages longer than 15 seconds. The
company set up the system that way so that a caller could not leave
information subject to their various litigation holds. This might be a
possible solution for your company. limit the system to a specific
amount of time such that a caller could leave only their name and
number.



--
Peter Kurilecz CRM CA
Richmond, Va

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