Interesting question Glen.   I am almost sure there was a case a few years ago with a retailer wherein a delivery driver (not an employee of the retailer) had a slip and fall.  In the course of defending itself, the retailer could not come up with the security camera footage.  There was a lag between the time the retailer knew of the possibility of pending litigation and the time that security was notified to preserve the tape.  In between, that tape was destroyed per schedule.

This case led to precedent in that the judge ruled the retailer was guilty of not preserving information in a timely manner after the duty to preserve.  While the defendant did indeed have a legal hold process, it took time for that process to protect the records.  I don't believe the judge said how fast was fast enough, only that in this case it wasn't good enough and the lack of evidence should be interpreted as beneficial to the plaintiff.

I know this is a bit outside your question, but once you decide on a retention period, keep in mind that duty to preserve may very well be the moment you have an incident and it is in your interest to enact a hold on that footage.

David B. Steward
Director of Records
 
HUSCH BLACKWELL LLP
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