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Data Disposition: Out with the Old, In with the New Terrence J. Coan, CRM Melissa G. Dederer, CRM June 22, 2011

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Page 1: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Data Disposition:Out with the Old,

In with the New

Terrence J. Coan, CRMMelissa G. Dederer, CRM

June 22, 2011

Page 2: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Meet Your Presenters Terry Coan, CRM

Senior Director in Hildebrandt Baker

Robbins’ information management

practice

Past President of ARMA International

More than 25 years of RIM experience

Melissa Dederer, CRM

Associate Director of Records

Management at Purdue Pharma LP

Past President of ARMA Connecticut and

Metro New York City Chapters

More than 20 years of RIM experience

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Page 3: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Discussion Outline

The Problem

The Response

The Approach

The Benefits

Question & Answer

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Page 4: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Discussion Outline

The Problem

The Response

The Approach

The Benefits

Question & Answer

4

Page 5: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Obvious places

Network drives

SharePoint sites

Document Management System

Records Management System

Case Management System

Various file cabinets

Not So Obvious Places

Departed employees email boxes (still on the email server)

Images on an image server disconnected from their database

Secret/Unknown network drives/unofficial repositories created by some now unknown person many years ago and only accessible to a few people

Old case rooms/closets

The Problem:

Various Repositories

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Page 6: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Data is under care and management of different

employees

Data is not consistently managed

Do not know what the data is

Do not know who owns the data

Do not know who controls the data; e.g., who is the

custodian

DATA IS EVERYWHERE and WITH EVERYONE !!

The Problem:

Fragmented Responsibility

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Page 7: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Practice Group/Business Unit/Department – focus on

managing documents based on business and/or

client need

IT – focus on business continuity/disaster recovery

Compliance – focus on enforcing policies

General Counsel/Risk Management – focus on

retaining based on records retention schedule and

applying legal holds

The Problem:

Perceptions Differ

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Page 8: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

The Problem:

Business Issues

Information is not managed in a matter that allows for

disposition leading to:

Escalating costs of storage for data, information and records

(e.g., materials) in hardcopy and electronic formats

Increasing legal exposure and discovery costs resulting from

over-retaining

Information stores continue to expand; Gartner says 40%+ per year

Inventory - Conducting a comprehensive, document-level

inventory and disposition is neither reasonable nor practical

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Page 9: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Discussion Outline

The Problem

The Response

The Approach

The Benefits

Question & Answer

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Page 10: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Governance - Develop or enhance RM policies,

procedures and retention schedules

New Data – STOP contributing to the problem - Implement the policies on new materials going forward

Classification – based on retention schedule

Identification of owner

Identification of official custodian

Official repositories

Legacy Data - Develop a defensible disposition strategy

and procedures for how best to deal with legacy data

Response to the Problem:

Have a plan!

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Page 11: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Legal Perspective:

Why is this Okay?

“Document retention policies, which are created in part to

keep certain information from getting into the hands of others,

including the Government, are common in business.”

“It is, of course, not wrongful for a manager to instruct his

employees to comply with a valid document retention policy

under ordinary circumstances.” See Arthur Andersen LLP v.

United States, 544 U.S. 696 (2005)

Courts typically look at four issues when examining the

conduct of an individual or organization with respect to

document retention and disposition

Good faith effort

Reasonableness

No duty to preserve documents at the time of the disposition

Consistency of disposition practice 11

Page 12: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Legal Perspective:

Why is this Okay (Continued)?

If you have acted in good faith and reasonably, courts

will typically review actions in a more favorable light

Recent cases include:

Pension Committee of the University of Montreal Pension

Plan v. Banc of America Securities, LLC, (2010 WL 184312

S.D.N.Y.)

Rimkus Consulting Group, Inc. v. Cammarata, 688 F. Supp.

2d 598 (S.D. Tex. 2010)

Hynix Semiconductor Inc. v. Rambus Inc., 2009 WL 292205

(N.D. Cal. Feb. 3, 2009)

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Page 13: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

What to do with all of this

Information Generally, an organization is under no legal obligation to

retain every piece of information it generates in the course

of its business (Note: legal holds impose an obligation to

preserve that may be broad and far reaching)

Vast amounts of legacy information (physical and

electronic) do not readily lend themselves to precise

classification against an organization’s records retention

schedule

Characterization of the legacy information can be a less

precise, yet defensible option upon which disposition

decisions may be made

Reasonableness, good faith, and documentation are key

to successful initiatives

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Page 14: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Discussion Outline

The Problem

The Response

The Approach

The Benefits

Question & Answer

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Page 15: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

1: Current State Assessment

2: Analysis

3: Define Disposition Strategy

4: Characterization

5: Execution

The Approach:

A Defensible Disposition Process

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Page 16: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Review existing RM policy and processes

Conduct stakeholder interviews (Legal, Tax, IT,

Compliance, etc.) to define data points for

characterization, business owner’s use requirements, etc.

Assess the organization’s risk tolerance

Identify the scope and content of the organization’s

structured and unstructured repositories

(targeted/prioritized review)

Identify departed/terminated employee materials

Access the tools available to collect information and

metadata about the materials

1: Current State Assessment

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Page 17: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Review collected data against classification opportunities

Identify quick hit opportunities

Determine feasibility of bulk classification against schedule

Develop other characterization criteria

Apply risk tolerance thresholds

Determine disposition approach for electronic materials

Disposition from resident line-of-business applications (potentially both unstructured and structured repositories)

Consider treatment of the “application” as a record

Develop business case

Storage savings

Discovery cost avoidance

Risk and exposure reductions

Potential soft ROI/efficiency gains (i.e., less time looking for materials)

2: Analysis

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Page 18: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Document the process and secure related

approvals

Identify and allocate resources to support the effort

(Legal, Tax, IT, RM, and business units)

Socialize the defensible disposition program

components with stakeholders

Implement the disposition against candidate

materials in accordance with the newly-defined

disposition process

3: Define Disposition Strategy

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Page 19: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Divide legacy backfile materials into groups for further due diligence

Prioritize quick win opportunities

Confirm that existing legal holds don’t apply

Develop characterization criteria based on the organization’s defined risk tolerance, for example:

1. Associate “created/modified by user metadata” to a business function; and

2. Identify information older than the longest non-permanent retention period on the schedule for a business function; and

3. Consider other characteristics such as date created, last accessed date, departed author/recipient, etc.; or

4. As otherwise reasonably informed by other department, industry, or specific circumstance.

4: Characterization

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Page 20: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Identify records eligible for disposition

Apply record categories from retention schedule

Apply other characterization attributes

Secure approvals per the newly-defined disposition

process

Determine appropriate destruction method

Prepare documentation for disposed materials

Execute appropriate destruction method

Update RM tracking systems as appropriate

Attach destruction certificate with internal

documentation

5: Execution

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Page 21: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Applicability – When to Initiate Strategically

As part of an informed information governance initiative

designed to improve controls on the front end (risk based)

As part of a strategic sourcing initiative to manage centralized

costs (e.g., characterize legacy backfile collections)

In response to “lessons learned” from prior discovery

experiences

Tactically

Office relocations

Department/business unit consolidation

Merger/acquisition/divestiture

Consolidating an off-site storage facility

Implementing new RMS/DMS/Email archive technology

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Page 22: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Discussion Outline

The Problem

The Response

The Approach

The Benefits

Question & Answer

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Page 23: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

The Benefits:

Building the Business Case

Reduce the volume of records storage thereby decreasing direct storage costs for physical and electronic repositories

Reduce the indirect cost of managing records through improved search and access

More agile information workers put the organization at a competitive advantage

Less re-work to re-create records that can’t be found

Authoritative information can be reliably produced

Reduce risk and exposure

Legal exposure

Potential risk

Cost avoidance23

Page 24: Data Dispositionilta.personifycloud.com/webfiles/productfiles/716885/DataDispositio… · inventory and disposition is neither reasonable nor practical 8. Discussion Outline The Problem

Terrence J. Coan, CRM

Senior Director

[email protected]

Melissa G. Dederer, CRM

Associate Director

[email protected]

Discussion – Q & A

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