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Information Management Compliance
Randolph Kahn, ESQ.
Commvault Innovate 8
Chucking Daisies-The Case for Defensible Disposal
Randolph Kahn, Esq.
ARMA - NOVA
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Dead Daisies Stink?“In an Aug. 15, 2005, voicemail messages addressed to company salespeople, an …employee… followed up on a “weight and diabetes sell sheet” that had recently been sent.”
“…the document written by Dr. Geller doesn’t accurately reflect the company’s position in 2000. In fact, it was not Dr. Geller’s ultimate view either. It was an initial draft for discussion purposes.”
“In response to a plaintiffs’ attorney’s question, Dr. Geller responded that the statement was “an artifact of an earlier discussion document.” WSJ 2/27/2009
There’s a fine line between cuddling and holding someone down so they can’t get away.
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Information Volumes are Spooky Big
• 1800 exabytes of new information in 2011 alone?
• What about all the stored info from last 2 decades?
“I dream of a better tomorrow, where chickens can cross the road and not be questioned about their motives.”
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What is the Problem?
Organizations have been over-retaining e-information even after it is no longer needed for business & even though law would allow its destruction
I didn’t say it was your fault, I said I was blaming
you.
“But databases frequently turn into information dumps, teeming with poorly classified or outdated information.”“Growth at McKinsey Hindered Use of Data,” WSJ
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Dead Daisies Live On To Smell Another Day
Old, unused, stale, unneeded, unwanted, harmful, useless, and decaying
information still exists
Knowledge is knowing a tomato is a fruit; Wisdom is not putting it in fruit salad.
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Council for Information Auto-Classification
The Council for Information Auto-Classification’s mission is to educate on and advance the use and acceptance of technologies that classify information while
reducing human involvement.http://infoautoclassification.org/
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CIAC Data Explosion Survey Findings• 88% have large volumes of legacy info • 71% have no idea of the content in their
stored data• 58% are keeping information
indefinitely. • 79% indicated too much time & effort is
spent manually searching & disposing info
• 58% still rely on employees to decide how to apply corporate policies (i.e. retention, privacy, security) to their information
If a wolf can take down a
deer from either flank, does that
make him bambidextrous?
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Lifecycle Seems Dead
• Old-school information lifecycle approach seems dead– Why?– Who is to blame?– What can be done?
I asked God for a bike, but I know God doesn’t work that way.
So I stole a bike and asked for forgiveness
IDC predicts storage will increase 44 X in next 10 years
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IT Impact
“Handling double-digit data growth rates with single-digit budget increases is the lot of most CIOs, according to our third annual InformationWeek Analytics State of Enterprise Storage Survey. The amount of data we're actively managing continues to expand at around 20% per year, and we see a long tail of besieged IT staffs dealing with growth rates exceeding 50%. At these levels, most data centers will double storage capacity every two to three years”
To steal ideas from one person is
plagiarism.
To steal from many is
research.
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Business Impact• “Through 2015 more than 85 percent of
Fortune 500 organizations will fail to effectively exploit big data for competitive advantage”(IT Business Edge, Gartner)
• “Employees spend 25% of their time looking for information” (IBM)
• “74% of the organizations said valuable information is being lost due to the lack of proper technology solutions” (CIAC Survey)
He has no enemies but is intensely disliked by his friends.
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Legal & Governance Impact
• According to IDC, the size of the eDiscovery industry is expected to reach $21.8 billion in 2011
• “It costs around 20 cents to BUY 1GB of storage, however, it costs around $3,500 to REVIEW 1GB of storage” (AIIM)
• “…organizations paid a low of $750,000, and a high of $31 Million in connection with the breach response. (Privacy Compliance & Data Security)
A bartender is just a pharmacist with limited inventory
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Reasonable Way to Deal with Dead Daisies?
• Keep the Dead Daisies forever
• Chuck all Daisies tomorrow
• Have people decide
• Have technology decide
• Have technology and people decide
“There are three kinds of people – Those who can count and those who can’t.”
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Technology v. Manual Review
This work presents evidence supporting the contrary position: that a technology-assisted process, in which only a small fraction of the document collection is ever examined by humans, can yield higher recall and/or precision than an exhaustive manual review process, in which the entire document collection is examined and coded by humans.
“Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient Than Exhaustive Manual Review” Maura R. Grossman, JD., Ph.D. and Gordon V. Cormack, Ph.D.
“I don’t want to achieve immortality through my work, I want to achieve it through not dying.”Woody Allen
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How Do Employees Do?
49.7% of all statistics are made up on the spot.
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Low Hanging Fruit
• Back-up tapes
• Legacy systems
• Email system
• Shared Drives
War does not determine who is right – only who is left.
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Structured and Unstructured• Is there technology that can address
different content types?• Is there technology that will deal lots of
file formats?• Is there technology that is brain dead
simple to effectively use?
The last thing I want to do is hurt you. But it’s still on the list.
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Making Chucking Defensible• Diligence• Training with exemplary samples• Crawling for legal hold• Testing and tweaking system• Human review• Audit
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What Do Regulators & Courts Think?
“Computer-assisted review appears to be better than the available alternatives, and thus should be used in appropriate cases. While this Court recognizes that computer-assisted review is not perfect, the Federal Rules of Civil Procedure do not require perfection…Counsel no longer have to worry about being the “first” or “guinea pig” for judicial acceptance of computer assisted review. Judge Andrew Peck , Moore v. Publicis Groupe, February 22, 2012
I used to be indecisive. Not I’m not sure.
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ROI for Chucking• What is the benefit of getting rid of 100
terabytes or 1 petabyte of unneeded info?
• What are the soft & hard costs saved by using tech over people?
• How does Chucking reduce the risk profile?– Litigation cost & inconvenience– Privacy– Intellectual property
I thought I wanted a career, turns out I just wanted paychecks.
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Classification Technology is Not Being Used
Most companies are not using technologies to automate classification of information.
Percent of organizations not using classification technology:
• 84% in file shares
• 78% in email
“Once you can accept the universe as matter expanding into nothing that is something, wearing stripes with plaid comes easy.“ Albert Einstein
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Conclusions• Too Many Dead Daisies Live• Information recreation to do business is
needed regularly• Technology needs to be used to
manage information • Risks and costs for doing nothing are a
major concern
There will be a rain dance Friday night, weather permitting.George Carlin