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RECMGMT-L  September 2002

RECMGMT-L September 2002

Subject:

Re: IT and Records Management

From:

Kathy Sinclair <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Mon, 2 Sep 2002 14:30:40 +1000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (250 lines)

Hi Chris,

David raises some very valid points here.  In fact, this whole discussion
raises the question: what exactly is the role of back-up tapes (and other
IT system administration) in a good recordkeeping regime?

In my view (one that I'm sure this list will largely share), back-up tapes
do not comprise a substitute for, or a complete means of, record-keeping in
the electronic environment.  However, backing up is certainly a part of a
records management regime. Backing up itself is a record-keeping process,
of which records should be kept.

So what are the issues?

1. Back-up refresh cycles rarely, if ever, follow the same time frame as
the records retention period outlined in the relevant disposal schedule.
Back-up routines may overwrite media in a way that destroys access to
long-term records before their scheduled destruction.  Alternatively,
back-up media (and the records it contains) may be kept substantially
longer than required by the disposal schedule, which can lead to its own
set of problems.

2. Back-up programs almost certainly do not capture the metadata that you
would require to either make your records fully useful if they were to be
recovered from back-up, or to comply with the various metadata standards
around.

3. Back-up media often agglomerates data, making it time-consuming and
potentially resource-intensive to restore single files or folders.

4. Back-ups do not, generally speaking, concern themselves with hardware
and software persistence over time.  Restoring files from an aged tape
format, into a redundant software program, may pose real problems for an
organisation.

All of these factors relate to reasons why systems back-ups cannot
substitute for electronic records management systems.  However, there are
another set of potential problems, surrounding the ways in which back-ups
may actually cut across recordkeeping requirements (in other words,
negatively effect the proper functioning of the records management system).
These problems all relate to legislative and legal requirements.

1. Privacy requirements in different jursdictions may militate against
keeping retention back-ups of personal information that is no longer
required.  In the Australian state of Victoria, the Information Privacy Act
2000 requires agencies to destroy personal / private information once it is
no longer required.  The exact wording of the relevant IPP in the Act (IPP
4.2) reads "4.2 An organisation must take reasonable steps to destroy or
permanently de-identify personal information if it is no longer needed for
any purpose".

A common organisational practice with back-ups is to retain the last tape
of the month for an undetermined period.  This may not constitute the
taking of "reasonable steps", especially if daily back-ups are routinely
overwritten.  By continuing to create (and erase) back up tapes each day,
agencies may be construed to be effectively demonstrating that they no
longer need the monthly tape for the purpose of data recovery.  Presumably,
the organisation would have to demonstrate another purpose for retaining
the monthly tape (and the personal information it contains).

2. In Australia, the Electronic Transactions Act 2000 requires that records
that are kept in electronic form must be "readily accessible for subsequent
reference".  This implies that the records must be able to read and
accessed for the entire potential useful life of the record (or, in the
case of public records, for the retention period outlined in the disposal
schedule).  This may be difficult if the back-up contains obsolete file
formats.

3. Freedom of Information also poses issues here (for public bodies,
anyway).  FOI generally requires you to discover all materials pertinent to
the FOI inquiry, including all electronic materials.  If items exist on
back-up media, even if they have been legally and properly destroyed from
the records management system under the appropriate schedule, you may still
be required to discover and provide the back-up copy to the FOI requester.
This could prove expensive, burdensome and potentially prejudicial.

4. Legal discovery requirements will also mean that, in the event of your
records being the subject of a subpoena, you will need to discover
everything pertinent to the inquiry, including everything on back-up tapes.
The problems inherent with this are similar to those involved in FOI, but
with legal discovery, you are less likely to be able to argue an undue
burden. A recent case in the (Australian) Federal Court, involving BT
Australasia and Telstra, sustained the courts' tendency to force complete
discovery, regardless of cost and inconvenience.

The full (and lengthy!) citation for this case is BT AUSTRALASIA PTY LTD v
STATE OF NEW SOUTH WALES & TELSTRA CORPORATION LIMITED STATE OF NEW SOUTH
WALES (Cross Claimant to First Cross claim) v BT AUSTRALASIA PTY LIMITED
(First Cross Respondent too First Cross Claim) BRITISH TELECOMMUNICATIONS
PLC (Second Cross Respondent to First Cross Claim) v BT AUSTRALASIA PTY
LIMITED (Cross Claimant to Second Cross Claim) and TELSTRA CORPORATION
LIMITED (Cross Respondent to Second Cross Claim) BRITISH TELECOMMUNICATIONS
PLC (Cross Claimant to Third Cross Claim) v TELSTRA CORPORATION LIMITED
(Cross Respondent to Third Cross Claim) BRITISH TELECOMMUNICATIONS PLC
(Cross Claimant to Fourth Cross Claim) v STATE OF NEW SOUTH WALES (Cross
Respondent to Fourth Cross Claim) STATE OF NEW SOUTH WALES (Cross Claimant
to Fifth Cross Claim) v TELSTRA CORPORATION LIMITED (Cross Respondent to
Fifth Cross Claim) TELSTRA CORPORATION LIMITED (Cross Claimant to Sixth
Cross Claim) v BT AUSTRALASIA PTY LIMITED (Cross Respondent to Sixth Cross
Claim) TELSTRA CORPORATION LIMITED (Cross Claimant to Seventh Cross Claim)
v BRITISH TELECOMMUNICATIONS PLC (Cross Respondent To Seventh Cross Claim)
TELSTRA CORPORATION LIMITED (Cross Claimant to Eighth Cross Claim) v STATE
OF NEW SOUTH WALES (Cross Respondent to Eighth Cross Claim) No. NG 572 of
1995 FED No. 363/98

The VERS Centre of Excellence is in the process of developing a policy
statement on the issues involved in system administration and records
management. This policy statement will be reviewed by the Victorian
Government Solicitor.
We expect this policy statement to be released by April 2003.

In the interim, we are recommending to Victorian organisations that they be
aware of the potential issues and consider, on a risk evaluation basis,
what is in their organisational best interests.  Like many decisions, the
back-up / records management question will largely be addressed through a
weighing of relative risks and determining where the organsiation's
greatest exposure lies.

Overall, it is worth noting that backing up is a component of records
management as well as of IT administration, and so requires a general
policy and procedure.  The policy and procedure should set out:

-- an outline of the kinds of documents/records/data that might be found on
backup tapes
-- retention and re-use of backup media (e.g. daily tapes get re-used after
seven days, monthly tapes get re-used after 12 months, yearly tapes get
re-used after three years, etc.)
-- whom to ask for retrieval of data from a backup tape
-- security and access arrangements for physical items and the data on them
-- migration and other accessibility arrangements for data on backup media.

Attention to procedures (as outlined above) will help deal with FoI
requests, legal discovery generally, and privacy.  They will help an
organisation know, at least in general terms, whether requested records are
likely to be extant, where all copies are likely to be and the likely
difficulties of finding and retrieving them.  Just as importantly, they
will provide evidence of a managed, routine disposal program in relation to
ALL copies of a record, which would go some way to avoiding accusations of
malice or incompetence should a record that is later requested under FOI or
in legal discovery prove to have been destroyed under the program.

Regards

Kathy Sinclair
Policy & Training Manager
VERS Centre of Excellence
Public Record Office Victoria
tel: (03) 9285 7935
fax: (03) 9285 7953
email: [log in to unmask]
net: www.prov.vic.gov.au/vers/toolkit



                      "David K.
                      Kasparian"               To:       [log in to unmask]
                      <David-Kasparian@        cc:       (bcc: Kathy Sinclair/DPC)
                      ACM.ORG>                 Subject:  Re: IT and Records Management
                      Sent by: Records
                      Management
                      Program
                      <[log in to unmask]
                      UFL.EDU>


                      31/08/02 03:06 AM
                      Please respond to
                      Records
                      Management
                      Program






Hello Chris,

There may be additional information regarding this question that I do not
have or understand which would affect your course of action.

I do not believe that you can rely on backup tapes for document retention
purposes as you have described.
Perhaps without a proper EDRM system in place you have no other way to
retain electronic records. There are many organizations today that are not
in compliance with the retention of electronic records and do not have a
system in place to accomplish that task.

If the backup tape is of a unique record type such as a tape of invoices
from a specific date than you could use it for electronic records
retention.

The problems that will occur in the future are in the organization of the
records so that obsolete information can be destroyed in the future.

How is this to be accomplished? How are you going to identify the
electronic
records of the various different types so that they can be destroyed in
compliance to your retention schedule?  Also consider that in order to
delete selective items from a tape backup you must have software in place
that will rewrite the entire tape without copying the specific records that
you desire to delete. If you do not have such a system or capability in
place than the tape must be retained until all of the records on it qualify
for destruction. This is to say the least inefficient for RIM purposes.

I hope that this information is of assistance to you.

David K. Kasparian

=========================================================
INFORMATION TECHNOLOGY AND RECORDS MANAGEMENT CONSULTANTS
David K. Kasparian, CNE, MIT              20426 Blythe St
ANALYTICAL SOLUTIONS                   Winnetka, CA 91306
Voice: (818) 998-4774                 Fax: (818) 718-7239
         E-mail: mailto:[log in to unmask]
=========================================================

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]]On Behalf
Of Kuitert, Chris
Sent: Friday, August 30, 2002 8:02 AM
To: [log in to unmask]
Subject: Re: IT and Records Management

My message is in reference to some of my saved messages of several weeks
ago
when the discussion centered around the title of this message. I have a
question regarding backup tapes used as the retention copy.

If our system has three copies of electronic information, with one being
the
live copy, two the mirrored "disaster" copy - both of which have built in
purges that have little to do with record retention requirements, can the
third - the backup tape be used as the retention copy as long as the
information on it is organized in a way that allows for the destruction of
obsolete information?

Thank you in advance for your comments.

Chris Kuitert
Bemis Manufacturing Company

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