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| Date: | Tue, 7 Dec 2010 13:36:17 -0500 |
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The insurance might also be a way for firms with RIM programs to further protect themselves against as-yet-unknown types of fines and damages.
Rachel Lurie, MLS
Lurie Information Consulting, LLC
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212-787-5330
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Larry Medina
Sent: Tuesday, December 07, 2010 1:19 PM
To: [log in to unmask]
Subject: Re: Lexington Insurance Company Introduces Spoliation Insurance
I hope Ken is able to obtain a specimen of the form and can shed some light
on this.
Similar to some of the thoughts of others, I see this as an intention for a
third party service provider to avoid compliance with a client firm's
requirements for data they are in custodianship of.
These are the types of issues typically addressed in a Contract T&C outside
of an SLA for normal operating issues, some of which are addressed in a
"Business Associates Agreement" where one exists.
And, yes... these issues are less clearly defined in a 'cloud environment',
because in some cases, the firm you have a contract with may not be in
custody of your data- it may have been parsed out to another firm (unless
your contract strictly prohibits this).
Larry
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