Since I deal with hundreds of clients with tapes as well as 70 or so  
offsite media vaulting companies that service the media storage  
clientele, I pose the counter argument:

  What should the Owner of the Computer Tapes do if a third of their  
tapes are missing?

Bosh you say?

Well with the requirement of Data Mapping the first thing that  
happens in the initiation of the law suit is to request a data map of  
the Defendant's records.

What some are finding that is affecting their ability to defend  
themselves, is that certain records storage companies when presenting  
their billing, are billing for quite a few more units of media than  
really exist.

In one large client, the change in vendors resulted in what was  
stated as being an inventory of 330,000 units of media, was actually  
220,000 units of media. Imagine if this had occurred during  
discovery.  A huge portion of your archive that you are being billed  
for is just imaginary.  But how do you prove that to the Plaintiff's  
attorney who of course assumes the worst.

If you are not conducting a semi-annual or annual audit to rectify  
your collection, then you could have this happen to you.

How does this phantom increase occur. Here is the scenario:  Tape 1  
through 10 are put into storage. In a few days you request tapes 1-3  
back, you then send 1-3 back a few days later labeled as 1A, 2A, 3A.   
You are billed for the new entrants to the collection. In a few more  
days you request 4,5 6 and recopy them and then return them as 4A,  
5A. 6A.  In all this time the tapes 1-10 are not credited during the  
month. Removals credit at the end of the month but new entrants bill  
immediately.

A tape that enters the archive on the 29th will bill for the whole  
month. If the IT Manager is not monitoring this or the records  
manager is not aware of this practice, then phantom items begin to  
appear.

An audit stops this.

We can criticize those who behave this way but why should they stop.   
As some have said "it is too much work to change vendors so I accept  
it."  So why should the vendor have integrity when the person paid to  
create and monitor records integrity, fails to practice it.

So if a new vendor picks up tapes for a new client and finds tapes  
belonging to other clients, what should they do?
1) Call the vendor that created the error and give them back with no  
one the wiser?
2) Hold the tapes so that when a Hostage Fee situation comes up, he  
can use the tapes as leverage?

If they call in the records manager for the company who had their  
records mistakenly delivered to another vendor or client and also  
bring in the other vendor, then this is the ethical thing.

But would that records manager let their management team know that  
such behavior was happening?

But first, remember how much work it is to change vendors..............

What type of records management do you practice.  Is it 100% integrity?
Do you strike Hostage Fees from Contracts? ( Perm Out Fees, Account  
Closure Fees, Evergreen Clauses, Minimum Volume Requirements or what  
ever disingenuous name they have this week.)
Do you send a Letter of Breach each time a failure occurs so you have  
documented problems?
Do you audit?
Finally, how bad would service need to be, before you would undergo  
the pain of changing vendors and thereby improve your records  
management platform.

One last problem to think about?  In discovery, when you request a  
large volume of tapes, your offsite storage company might believe you  
are trying to leave and actually shut down delivery.  This is a new  
one I heard. You might want to plan a mock discovery event and  
request a large volume of tapes be prepared for pick up and see what  
transpires?

This would be a great bonding experience between legal and RM and  
maybe IT as well.  You might find you have a lot in common.  It will  
also be nice to have legal handy if you find out you have been paying  
33% more than you should for the last five years.

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


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