Records Management and E Discovery

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Records Management and E- Discovery
Nebraska Secretary of State Records
Management Division November 8, 2007
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84-1202 Record means any book, document or
other material regardless of physical form or
characteristics created or received pursuant to
law or in connection with any activity relating
to or having an effect upon the transaction of
public business.
Nebraska Secretary of State Records
Management Division November 8, 2007
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A records retention program helps ensure that an
agency keeps records for the periods mandated by
law and sound business practicesanddestroys
records that are beyond their required life.
Nebraska Secretary of State Records
Management Division November 8, 2007
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Not keeping records long enough and keeping
records too long can both have legal and economic
ramifications.
Nebraska Secretary of State Records
Management Division November 8, 2007
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A records management program includesRecords
retention and disposition policiesTraining and
enforcement Education programs for employees
managersAudit procedures to ensure
complianceStrategic approaches to
e-discoveryEffective legal hold management
Nebraska Secretary of State Records
Management Division November 8, 2007
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Records retention and disposition
policiesRecords retention disposition
schedulesSimplified retention the big bucket
approachE-Mail Save everything vs. save
nothingData mapping
Nebraska Secretary of State Records
Management Division November 8, 2007
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Education ProgramsDemonstration of why as
well as howInclusion of managers and employees
Nebraska Secretary of State Records
Management Division November 8, 2007
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Audit ProceduresSoftware toolsEffective
complianceDemonstration of normal business
practicesDocumentation of retention schedule use
Nebraska Secretary of State Records
Management Division November 8, 2007
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E-DiscoverySoftware toolsHard copy inclusion
Nebraska Secretary of State Records
Management Division November 8, 2007
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Effective legal hold managementCounsel
initiatedEmployee initiatedMultiple holds
Nebraska Secretary of State Records
Management Division November 8, 2007
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Cohasset survey of records managers (2007)40
do not include e-records in retention
schedules55 do not include e-mail14 always
follow records retention policy44 do not
include e-records in legal hold policy46 do not
think their e-records trustworthy
Nebraska Secretary of State Records
Management Division November 8, 2007
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Cohasset survey of records managers
(2007)Majority not prepared to meet compliance
and legal responsibilitiesUnmet challenges
devastating in terms of costs, careers, and
corporate reputationsNumber and magnitude of
problems surveyed are stunning business
risksIntegration of e-records and records
management should be a priorityE-records control
gaps should be focus of immediate corrective
action
Nebraska Secretary of State Records
Management Division November 8, 2007
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Records management and e-discovery are two sides
of the same coin, because the success of a
companys e-discovery relies on the strength of
its records management foundation.Rachael
HeadeRecords Management Analysis
ManagerMicrosoft
Nebraska Secretary of State Records
Management Division November 8, 2007