On Apr 21, 2005, at 12:05 AM, Automatic digest processor wrote:

> From:    [log in to unmask]
> Subject: Re: Non-Destruct Notices and Back-Up Tapes
>
> Chuck, if you subscribe to Business Laws, their latest records
> retention
> report (Issue No.87, March 2005 - Document Destruction Developments)
> addresses
> this matter. It says in part, "counsel should instruct all employees
> to produce
>  electronic copies of their relevant active files. Counsel must also
> make
> sure  that all backup media, which the party is required to retain is
> identified
> and  stored in a safe place.......
>
> You may want to take a look at this.
>
> Bill Benedon
>

Keep in mind that a "Safe Place" must be safe not only from someone
inadvertently destroying the tapes, but be able to demonstrate that no
one had access who might have a reason to remove or destroy certain
records and the one that is overlooked by IT and by RM's...... make
sure that the environmental conditions are proper for long term storage
as trials can take years to resolve.

You need an entirely different approach to media that needs to survive
until trial with no degradation.  You should request a complete set of
the records be provided on new media cartridges and then oversee that
they are stored in a proper vault with precise temperature and humidity
control.  The tapes or cartridges should be in a lockable container and
seal tapes used that show no one has accessed the tape for any reason
from the date of the hold until provided for discovery.  The older
copies can be kept but depending on how many back ups they have
experienced they may be at the end of their useful life. If these are
kept they really need to be stored in proper conditions to extend their
useful life.

If you really want to be Type A, take a digital photo of the tapes
going into the vendors vault and keep a copy of the log of it being
entered into their software system as being in the vault.  This is your
proof that it has remained secure and untampered with during the time
leading up to discovery. Then you as the records manager can proudly
say you have done your job.

This impeccable chain of custody will insure that your company comes
off well in the trial.

Now the question is how do you deliver this information on the tapes to
the plaintiff's attorney and keep your information protected so they
can't tamper with it.  When you are talking about millions of dollars,
can you really trust anyone?  What's the plan?

Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610)  756-4440    Fax (610)  756-4134
WWW.FIRELOCK.COM

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