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Dear colleagues,
In my Terry Pratchett-ish practical opinion, record is any entity that (potentially) functions as such, and should be handled with a discipline reserved for the records :) As the US legislation sees it, back-ups definitely are ESI. In e-discovery ESI is essentially on par with records. If there is no practical difference, why differentiate?
Granted, backups are not “official” assets. However, they are not always merely “copies”. If a record e.g. was digitally signed, its instance on backup tape is original.
@Luciana: Proper back-ups must be created in the “usual and ordinary course of business” :)
With my best regards,
Natasha Khramtsovsky
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