designing a compliant record retention policy

© Copyright 2007. All rights reserved.

Designing A Compliant Record Retention Policy

Presented byRonald L. Hicks, Jr.


Discussion Topics

1. Retention Issues 1. Retention Issues

2. Destruction Issues 2. Destruction Issues

3. Systems3. Systems

4. Data Structures & Organization 4. Data Structures & Organization


General Information

“The Lawyer’s Guide to Records Management and Retention” published by the ABA LPM Sect.(http://www.abanet.org/abastore)

American Records Management Association (http://www.arma.org/)


Discussion Topics

1. Retention Issues 1. Retention Issues

Records retention portion of a records and info. mgmt. program has two purposes:

*Assures maintenance of those records and info. that a client must keep to meet either operational or regulatory requirements.

*Ensures timely and efficient disposal of records and info. that are not needed or should not be maintained.


Retention Issues

A records and info. management program basically involves three core items:

2. A records/information retention schedule.

3. Procedures for executing and enforcing the policy and schedule.

1. A formal written policy statement.


Retention Issues

Implementing schedule against large collections of papers and e-documents may be difficult.

“Devil is in the Details”

Political and cultural considerations may alter policy, schedule and procedures.


Retention Issues

Based on an attitude that the safest thing to do is keep records for a very long or “permanent” time.

The Myth of Permanence

Evolves from belief that records have permanent enduring value and that some law requires the records to be kept forever.


Retention Issues

Analysis of risk, utility and other matters usually reveals retention is unwarranted.

Cost of permanently retaining records can become substantial.


Retention Issues

Documentation Issues:

Core documents are the policy, procedures and retention schedules

Other important documents include:1. List of users2. Logs recording transfer from active to

inactive3. Audit trails as to movement of active

files4. Records review and disposition details


Retention Issues

Exception Management:

Both common law and the Zubulake decisions recognize a duty upon a party with notice to ensure that all sources of potentially relevant information are identified and placed “on hold.”

A retention policy should include the identification of and manner in which documents will be excluded.


Retention Issues

Legal research & analysis is necessary to determine what law applies to a client’s records and information.

Multiple authorities from multiple sources in multiple jurisdictions may govern a record’s retention.

Thorough research is a must, but is often hampered by varied terminology for the term “records,” such as “books,” “files,” “accounts” and “data.”


Retention Issues

Requirements across various jurisdictions and authorities within those jurisdictions are not always uniform.

Federal requirements do not always trump state requirements.


Destruction Issues

In selecting a company to handle the destruction, it is important that you understand their definition of “destruction.”

Document destruction is generally one of the aspects of record and info. mgmt. that is outsourced.


Destruction Issues

“Dump ‘em” Destruction

“Sell ‘em” Destruction


Destruction Issues

“Destroy ‘em” Destruction

“Hold ‘em” Destruction


Destruction Issues

No matter which approach is selected, it is important that the destruction of records and information be documented.

Vendor’s destruction certificates are not usually specific to the necessary detail required to a client’s destruction of particular records or information.

Additional documentation, preferably kept in electronic/digital format, is usually necessary.


Systems

Record and Information Management is a set of systems, processes and tools that combine to make possible the efficient use and maintenance of all records and information within a client’s organization.

Automating the record and information retention functions and using technology wherever possible makes good business sense.


Systems

Accutrac (http://www.accutrac.com)Elite Information Systems (http://www.elite.com)Interwoven (http://www.interwoven.com/index.html)Hummingbird(http://www.hummingbird.com)MDY Advanced Technologies(http://www.mdy.com)


Data Structures & Organization

Designing a compliant retention policy requires an understanding of your client’s data structures.

Data gathering involves finding out:1. What records or data exists?2. What are the mediums?3. Where are the records and data?4. What is the operational life?5. What is the compliance life?6. What is the risk management life?



Other information you should investigate:

1. When and how information is created or received?

2. How are records distributed and managed during their active life?

3. How and why duplicates are created?4. How information is circulated vis-à-vis

workflow?5. What is the amount of hard copy and

electronically stored information?



The key to a successful records management department is continual training.

To be successful, a records manager should be a highly skilled professional.


Questions & Answers


Designing A Compliant Record Retention Policy

Presented byRonald L. Hicks, Jr.

designing a compliant record retention policy

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