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Records Management Program <[log in to unmask]>
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Wed, 20 Jun 2007 23:44:06 -0400
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Records Management Program <[log in to unmask]>
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From:
Hugh Smith <[log in to unmask]>
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> On Jun 19, 2007, at 12:02 AM, RECMGMT-L automatic digest system wrote:
>> From:    "Jones, Virginia" <[log in to unmask]>
>> Subject: Re: Vital Records
>>
>> <The new laws call for Data Mapping but once you do it and describe
>> which are vital and which are not, then you create greater  
>> liability for
>> C-Level Managers and the Board if they fail to protect the vital
>> records.>
>>
>> This is intriguing.  Which laws call for this?
>>

I saw a presentation by Rick Wolf of Lexacos who is a speaker at the  
ARMA Conference in Kansas.  He presented it to a number of legal  
counsels to the Board of Directors and it broke this down.  I hope he  
will respond because he will do a better job than me about the legal  
citations on this.  My understanding is after a legal action is filed  
against a company in which discovery will be part of the process, the  
defendant must provide a data map showing where everything is stored,  
what format it is in and an inventory of the records so that the  
plaintiff may file for those documents that apply.  This map must  
accompany you to that first conference meeting of attorneys.  The map  
may help the defendant as it may show that the information they are  
requesting has no bearing on the issue at hand.  So it is a sword  
that can cut both ways/

Rick, I hope you will bail me out as I think the Rule 26, ESI or SOX  
references would be helpful to describe to management exactly what  
rules direct this compliance.

I think that companies who have their act together will be more  
litigation proof.  If someone sues you, you can ask them for their  
data map and if they are not prepared and you are, that is a distinct  
advantage.

But Rick tells this story better than me.


Hugh Smith
FIRELOCK Fireproof Modular Vaults
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(610)  756-4440    Fax (610)  756-4134
WWW.FIRELOCK.COM




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On Jun 19, 2007, at 12:02 AM, RECMGMT-L automatic digest system wrote:

> From:    "Jones, Virginia" <[log in to unmask]>
> Subject: Re: Vital Records
>
> <The new laws call for Data Mapping but once you do it and describe
> which are vital and which are not, then you create greater  
> liability for
> C-Level Managers and the Board if they fail to protect the vital
> records.>
>
> This is intriguing.  Which laws call for this?
>


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