<The tapes created by an organization may contain data that should not
be turned over, due to privacy and confidentiality purposes, ...>
Under subpoena and discovery rules, if the data is requested (and agreed
to be provided), then there is no such thing a withholding due to
privacy or confidentiality.  The "records" for providing the information
are the "records" on the servers or mainframe.  If there are "records"
on the backup tapes that are not on the equipment, then there may be
problems if the court requests production of backup data.  This is why
we have short rotation schedules for our backup tapes (and will have
short "overwrite" schedules for our RAID and SAN).

Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
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