DEFENSIBLE DISPOSITION: From “Never Gonna Give You Up” to “Let It Go”webcasts.acc.com/handouts/ACC_DefensibleDispositio… ·  · 2017-08-17NORTHERN VIRGINIA WASHINGTON DC

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From “Never Gonna Give You Up” to “Let It Go”

Keith M. Angle, Esq. (UBS) Lisa A. Lukaszewski, Esq. (Redgrave LLP)

August 17, 2017

DEFENSIBLE DISPOSITION:

OVERVIEW

•  Issue •  Understanding what you have •  Understanding what you must keep •  Process for disposition •  Preventing accumulation of unnecessary

legacy information in the future

ISSUE

•  Research suggests that up to 85% of stored data is retained unnecessarily

•  Unnecessary information is costly

•  Unnecessary information is dangerous

UNNECESSARY RETENTION OF INFORMATION DIRECTLY IMPACTS A COMPANY’S . . .

UNNECESSARY RETENTION IMPACTS COSTS

•  Regulatory fines •  Penalties •  Court sanctions •  Increased litigation costs •  Increased IT costs •  Physical storage costs

UNNECESSARY RETENTION IMPACTS REPUTATION

•  Privacy breaches and loss of business critical information

•  Lack of compliance with legal and regulatory obligations/requirements

•  Inability to protect information as a strategic asset

UNNECESSARY RETENTION IMPACTS BUSINESS RISKS

•  Access to Information

•  Retrieval of Information

•  Storage Efficiencies

•  Duplication of Effort

DEFENSIBLE DISPOSITION OVERVIEW

•  Understand what you have

•  Understand what you must keep

•  Identify and segregate material eligible for disposition

•  Dispose properly

UNDERSTANDING WHAT YOU HAVE

•  Identify data types and locations (archives, operational solutions, and back-ups)

•  Define and maintain inventory for prioritized data / sub-data types

•  Identify master data sources for preservation and collection

UNDERSTANDING WHAT YOU MUST KEEP

•  Records retention schedules

•  Legal holds

•  Contractual requirements to retain

•  Gap analysis -- issues and deficiencies of relevant data sources

PRIORITIZE AND TRIAGE

•  Identify Highest Risk

•  Identify Greatest Benefit

•  Identify Low-Hanging Fruit

DEFINE PROCESS FOR DISPOSITION

•  Segregate material eligible for disposal •  Define and implement scalable, repeatable

process for data disposal -- per data type •  Automate process to initiate disposal where

possible; create ability to suspend disposal based on feedback

•  Generate and retain appropriate documentation

PREVENT ACCUMULATION OF UNNECESSARY LEGACY INFORMATION IN THE FUTURE

•  Maintain up-to-date RIM policies and schedules •  Regularly dispose of information according to

policies and schedules •  Consider technological solutions to discourage

or prevent over-retention of information

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