Hi Angela,

This is very interesting, in that it implies tracking all employees, at all
times, as they move in and out of the company and from any one role or
position to another, in a very clear, efficient, and transparent manner.
And, in addition to all of this, being able to assign and unassign Legal
Hold ownership of specific artifacts, throughout all such transitions.
1. How many systems do you know that can do this well?  (I don't personally
know of any.)
2. How many organizations do you know that can do this well?  (I don't
personally know of any.)
The cost to do so will be high.
The complexity to do so will be high.
The burden placed on the enterprise to do so will be high.

Since an employee is, by definition, a representative of the company, the
company can always be sued for the actions of its employee(s) and,
therefore, cannot absolve itself from risk by moving the risk to an
employee.  The burden of Records Retention is placed on the enterprise, by
the entity requiring the retention (e.g. The government).  If there is a
problem, the entity requiring the retention will sue and/or penalize the
accountable enterprise, not the employee(s), regardless of who the
enterprise seeks to shift the responsibility to.

I recommend reviewing all of the above with your enterprise's attorneys but
I think you'll find it to be accurate.

My Best,

Frank
-- 
Frank Guerino, Chairman
The International Foundation for Information Technology (IF4IT)
http://www.if4it.com
1.908.294.5191 (M) 


On 3/13/13 6:59 PM, "Angela & Najib Fares" <[log in to unmask]> wrote:

> Someone has proposed that we make our employees responsible for preservation
> of records related to a hold order.  If the employee leaves, then we would
> have to reassign the responsibility to someone else.  If the employee moves to
> another position, we would have to figure out what happened to the records.
> The reasoning behind the proposal was that it would reduce risk to the
> company, but I am not seeing that point of view given the fact that it is the
> COMPANY'S responsibility to secure and safeguard records from destruction.
> 
> Has anyone else been operating with that proposed model and can you share the
> pros and cons?  I am highly uneasy at this approach.
> 
> Angela Fares
> 
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