July 12, 2007
Sweeping technological advances have revolutionized the way all companies conduct business, and consequently, the way companies must be prepared to respond to disputes in litigation. E-mail, web pages, back-up tapes, databases, gigabytes, blackberries, and instant messaging are now commonplace for businesses. When your business is involved in a dispute, and it is necessary to research records, are you able to access e-mails on your desktop or have they been deleted? If deleted, do you understand or even know the corporate policies concerning janitorial programs and back-up of e-mails? Will retrieval of the e-mails require restoration of one or more back-up tapes? Does maintenance of the e-mail and other electronic media or hardcopy eliminate the need to restore back-up tapes? How much will it cost? In today's litigious environment, these are now issues for every business because our courts require businesses to preserve electronic information. Because the nature of this data-which can be created and altered easily-allows for the creation of vast amounts of data which then has to be stored, having a comprehensive records management program is a critical element in managing a business today.
The goals of an effective records management program addressing electronic data are universal. Like hard copy records, electronic records must be maintained for as long as necessary to satisfy operational, legal and regulatory requirements. The records management plan should allow authorized users to locate and access the desired records in order to interpret them in the business context, and enable records to be maintained in a reliable fashion.
Although these goals are universal, the design, implementation, auditing and maintenance of an effective records management program must be tailored to each business. It requires an analysis and assessment of business operations to ensure that the program is deigned to manage all of the company's information regardless of format, media, or location. The program must also contemplate the possibility or, in some cases, the probability of litigation. When a dispute or lawsuit arises, it is essential that a business is prepared to suspend its typical records retention and destruction policies in order to meet its obligation to preserve relevant electronic data. Implementation of a comprehensive management program before a dispute arises can keep your business out of trouble and save your company substantial amounts of money.
Elizabeth Smith is Of Counsel with Gallivan, White & Boyd, P.A. and has developed a niche in electronic discovery. Smith assists clients in the development and implementation of corporate document management programs. She is admitted to practice in South Carolina and in the Fourth Circuit Court of Appeals. Smith graduated from the University of South Carolina School of Law and from Furman University.
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