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RECMGMT-L  February 2010, Week 2

RECMGMT-L February 2010, Week 2

Subject:

Re: RAINdrop Zubulake RErevisited Second thoughts about backup tapes?

From:

Larry Medina <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Tue, 9 Feb 2010 14:03:09 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (139 lines)

>
><snip>For this reason, backup tapes are almost always subject to
discovery.</snip> 
>Yes, but I thought part of the point of Zubulake and its subsequent impact
on >Sedona and thence FRCP was to minimize the need to discover backup tapes
>absent evidence of poor discovery and/or spoliation.

Unfortunately, the <snip> resulted in the portion of the original message
being responded to being taken WAY out of context...

What was said was that WHEN backup tapes are (by practice) retained LONGER
THAN the primary data, THEN they are subject to discovery. 

>
>Backups are designed for disaster recovery and business continuity. I can't
envision the circumstances where a particular backup tape would need to be
retained for the longest period of time of data on the system. The data
should be backed up for the length of time the records are to be retained,
but with overlapping backup tapes I routinely see and suggest backup tape
retention periods of 30-90 days and I am by no means alone. Maybe this is a
semantic quibble and we're in violent agreement?
>

While the intent is that backup tapes are to be used for DR/COOP, that's not
always the case.  The Toshiba v. Santa Clara, Rambus v. Infineon, and other
cases have shown where documented IT practices resulted in backup tapes not
being cycled in accordance with logical practices that would support them
being saved solely for the purposes of DR/COOP.  Even when they were, the
time periods they were saved for exceeded the required retention of the
source materials which had already been discarded in accordance with routine
business practices. 

So violently in agreement? To a degree- the issue is ensuring practices
across the organization are consistent when it comes to the information
being retained; whether it's on the desktop, in a drawer, on a server, or a
backup tape.

>
>I disagree. First, while most of them are designed to do that, many of them
are also designed to allow users to select email records to save, with the
rest being automatically discarded after some period of time. Yes, this
means users have to be trained - just like they are with any other type or
format of record or information.
>

The problem is the ones that are deployed without setting up any rules/roles
basis for retention and creating the 'digital haystack'. As far as users
being trained, they can be trained to save e-mail to an ERMS/EDMS without
the need for an 'email archiving' product. And if one IS DEPLOYED, its
critical to ensure that it is set up to follow rules that already exist for
retention of content meeting an organization's definition of a record.  Its
important to remember that e-mail IS NOT a record series, its a form of
conveyance of information.

>Second, many organizations implement this in a zoned approach where
everything is saved for, say, 1-2 years to address ease of implementation
and production needs, but then users can/are expected to identify email
records and move them to a more appropriate storage location such as an
ERMS. I'd argue that with proper training this actually reduces the amount
of email potentially discoverable - because you end up with 100% for 1-2
years and then, what, 3-5% of anything older on average? Cf. requiring users
to manage all of their email appropriately, and monitoring that, to the tune
of 150+ messages per user per day.
>

Respectfully disagree with this... the object is to have them identify the
records BEFORE any of this happens.  By doing so, you get down to the 3-5%
(or whatever the correct number is) prior to storing it for 1-2 years during
which time it COULD become discoverable, seeing as it had no business value
and didn't need to be retained at all.  Few if any people get what studies
show, the "150 e-mails a day" that are BUSINESS related. I spent 6 months
manually tracking the e-mails received daily (and yep, I got on average
110/day) but those that were records amounted to 5.3%.  By eliminating all
of the others before they were stored, the volume was seriously decreased,
as was the potential for costs related to having to prove there was nothing
there to discover.

>Third, how is this any different from backup tapes? I imagine the
discussion would go like this:
>

It's not different than backups that are retained longer than they should be
=)  And yep, the arguments WOULD be similar. 

>Certainly the data map should NOT say "all e-mail is deleted every 30 days"
in that instance - but I submit that any data map that says that today, for
almost any organization, is flat-out wrong either on its face or will not
pass the laugh test. Surveys routinely show that 99+% of organizations
transact some business, commercial or otherwise, using email. And any
organization that says it doesn't is probably going to face some pretty
stiff examination as to its place within the >1%. So again, I think we're
violently agreeing with what you wrote, if not with what you meant. 
>

With the exception of cases where organizations DO INSTITUTE a policy as
ludicrous as to delete all e-mail after 30, 90, 180 days or any other
arbitrary or capricious schedule irrespective of the content.  And as you
cited about "...many organizations implement this in a zoned approach where
everything is saved for, say, 1-2 years..." I regularly see in articles and
blog posts where organizations implement the retention periods cited for
e-mail without regard to the content, or equally as bad, set an arbitrary
volume limit for e-mail per user.

>
But I disagree with the conclusion. The robust market for email archiving
certainly seems to indicate that there are a lot of legal folks, compliance
folks, records managers, and others who see quite a bit of benefit to it and
who believe that the benefits outweigh the risks if it's thought through and
implemented appropriately.
>

Just because everybody is doing it, doesn't mean it makes sense... as many
Mother's have said "If Johnny jumped off a bridge, would you do that TOO??" =) 

There are instances where thoughtful implementation of a "tool" can assist
an organization in gaining some control over their information assets, but
many organizations can and have done this with training, practice and policy
implementation with and/or without the addition of another tool.  I think
many are/have created a market by espousing the false positives associated
with the ease with which these systems are implemented and overstating the
level of successful implementations.

Anyone care to provide a list of the successful implementations they have
DIRECTLY BEEN INVOLVED WITH, and the size of the organization, the amount of
time it's been successfully working, the savings realized??  And not the
ones they've read about or anecdotes they've read about them...I regularly
see those, and I've seen a lot of pictures of unicorns too...

This response was a lot longer than it needed to be, my apologies for that
but I think it's important to dispel well, RM 'myths' may be a strong word,
but...

Larry
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