Content Compliance

Today, content compliance rules related to Sarbanes–Oxley, HIPPA and eDiscovery require organizations to take both a tactical and strategic approach to content compliance. Many organizations reactively deploy content compliance solutions.

All too frequently organizations reactively deploy solutions every time a discovery request comes in, even when they’re aware of eDiscovery platform business benefits. Amendments to the Federal Rules of Civil Procedure that took effect on December 1st, 2006 however, will prevent enterprises from operating in the shield of ignorant bliss. Organizations are now required to address issues regarding electronically stored evidence at the onset of litigation (meaning the first meeting with an opponent’s lawyer). The specific rules that have bearing on records/retention management and information technology are:

Rule 16-26. These rules call for organizations to “…give early attention to issues relating to electronic discovery, including the frequently-recurring problems of the preservation of evidence…” This means being ready to discuss a strategy for dealing with electronically stored evidence at the very first meeting with the other parties in litigation.

Rule 37(f). This rule provides a “safe harbor” for data destruction. This means that organizations face no penalties for deleting electronically stored information in keeping with routine operation of IT systems IF the party took reasonable steps to preserve it. However, any destruction must be due to routine operations in good faith, a synchronized framework must be in place, and this systemized framework must have integrated litigation hold procedures.

Rule 34(b). This rule requires organizations to produce electronically stored information in its native format with its metadata intact and to prove chain of custody. If a defensible process is not demonstrated, litigation opponents may be granted access to an organization’s network.