Why Archiving and Why Now?

Michael IvanovSr. Director - Archiving

Commvault

October 2007

The Evolution of Archiving

Archiving for Storage Management• Users want to keep data forever!

• Keep backing up the same old data

• Over and over… And over… and over…

The PST Problem

Mailbox quotas created to manage database size for DR• Mailbox Quotas = Personal Stores (PST Files)• Users don’t delete email!

Original PST files were management issue (2GB limit) New PST file issues

• Damaged, Lost, Stolen Laptops Not backed up IP leakage risk

• Where are the files? Server? Desktop? Laptop?• How many files are out there?• What’s in those files?• It’s the PST file you don’t know about that has the smoking gun!

PSTPST

PSTPST

Sarbanes-Oxley Act NASD 3010/3110 SEC 17a-4 HIPAA FDA 21 CRF Part 11 FRCP Amendments

Sarbanes-Oxley Act NASD 3010/3110 SEC 17a-4 HIPAA FDA 21 CRF Part 11 FRCP Amendments

Canadian Electronic Evidence Act

Canadian Electronic Evidence Act

Public Record Office (U.K) Financial Services Authority

(U.K.) GDPdU & GoBS (Germany) NF Z 42-013 (France)

Public Record Office (U.K) Financial Services Authority

(U.K.) GDPdU & GoBS (Germany) NF Z 42-013 (France)

Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 EVIDENCE ACT 1995

Tas: Electronic Transactions Act 1999 NSW: Electronic Transactions Act 2000 SA: Electronic Transactions Act 2000 Vic: Electronic Transactions Act 2000 ACT: Electronic Transactions Act 2001 QLD: Electronic Transactions (Qld) Act 2001 NT: Electronic Transactions (Northern Territory) Act

Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 EVIDENCE ACT 1995

Tas: Electronic Transactions Act 1999 NSW: Electronic Transactions Act 2000 SA: Electronic Transactions Act 2000 Vic: Electronic Transactions Act 2000 ACT: Electronic Transactions Act 2001 QLD: Electronic Transactions (Qld) Act 2001 NT: Electronic Transactions (Northern Territory) Act

Worldwide Regulations

Sense of Urgency

United States Federal Rules of Civil Procedure Amendments – Dec 1. 2006• Rule 34(a), (b)

Definition of electronically stored information (ESI), production requirements, and expectations

• Rule 16(b), 26(f) Meet-and-confer sessions must address e-discovery

and preservation

• Rule 26(b)(2) Production of data deemed “not reasonably accessible

because of undue burden or cost” is not always required.

Recent Cases

http://www.ediscoverylaw.com/

Recent Legislation – Victoria2 New Acts

Crimes (Document Destruction) Act 2006 • Applies to conduct carried out in Victoria

Companies that are resident or do business in Victoria• Documents “reasonably likely” to be required in any ongoing or potential

future legal proceedings• Both individuals and companies may be prosecuted

Evidence (Document Unavailability) Act 2006 • Applies to civil proceedings conducted in Victoria • Documents “unavailable” in civil proceedings

Document that was previously in control of a party and which has been subsequently destroyed or rendered unusable

• Allows the court to reverse the effect of the loss of those documents by ordering:

That an adverse inference be drawn because the document is not available That a fact be presumed to be true if there is no evidence to the contrary That certain evidence be rejected That all or part of a defence or statement of claim be struck out That the evidential burden of proof be reversed in relation to a fact in issue

Effective September 1, 2006 Heavy Punishment

• Could result in up to 5 years imprisonment or • Maximum fine of approximately $65,000 for individuals • Maximum fine of approximately $320,000 for companies

Crimes (Document Destruction) Act 2006Evidence (Document Unavailability) Act 2006

http://www.prov.vic.gov.au/records/advice18summary.asp

Recent Legislation

http://www.mondaq.com/article.asp?articleid=44338

http://www.lawyersweekly.com.au/articles/Voyages-of-discovery_z65436.htm

BT (Australasia) Pty Ltd v State of New South Wales & Anor

Commonwealth Consolidated ActsELECTRONIC TRANSACTIONS ACT 1999

http://www.austlii.edu.au/au/legis/cth/consol_act/eta1999256/s5.html#transaction

“For the purposes of a law… …a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications.”

“If, under a law… … a person is required to record information in writing, that requirement is taken to have been met if the person records the information in electronic form, where … at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference …”

State Legislation Followed:• Tas: Electronic Transactions Act 1999• NSW: Electronic Transactions Act 2000• SA: Electronic Transactions Act 2000• Vic: Electronic Transactions Act 2000• ACT: Electronic Transactions Act 2001• QLD: Electronic Transactions (Qld) Act 2001• NT: Electronic Transactions (Northern Territory) Act

Commonwealth Consolidated ActsEVIDENCE ACT 1995

http://www.austlii.edu.au/au/legis/cth/consol_act/ea199580/ Courts can rule on admissibility of electronic documents

as evidence• Documents are admissible based on:

Authenticity Security Accessibility

State legislation Examples• Supreme Court (General Civil Procedure) Rules 1996, in

Victoria• Supreme Court Rules 1970, in New South Wales

How do I prepare?

Archiving Considerations

DeleteDelete

Storage Management – Move from expensive primary storage to lower cost secondary storage• What about when secondary storage gets too large?

What about other data types? What about backup? Where are your tapes? What about search/discovery?

• Not just the archive, but backups and live content… Can you ensure proper disposition across all media? Can you perform a legal hold effectively?

File &File &PrintPrint

DocumentDocumentManagementManagement

EmailEmailArchiveArchive

TapeTape

TapeTape

How to Manage Retention

User in Control Mostly Dispersed Often Duplicated Sometimes Deleted Difficult to Manage Difficult to Protect

OfficeOffice

DocumentsDocuments

EmailEmail

InternetInternet

MediaMedia

Fax /Fax /

ScannedScanned

ImagesImages

/ Video/ Video

PoliciesPolicies

ApplicationApplicationDatabasesDatabases

EmailEmail File &File &PrintPrint

DocumentDocumentManagementManagement

DeleteDelete

Mr & MsMr & Msuseruser

Management

How do you mitigate your risk?

What is a “document?”• Emails, File System Data, Document Repositories

Where is the “document?”• Online, Archive, Backup

This will impact IT… 100% of the time!• Be prepared!• What data do you have?• What format is it in?• What are your retention policies?• How do you perform an effective litigation hold?• How do you search the data?• How do you enable Legal to search the data?

Engage with Legal to understand company policy• They don’t know what they don’t know• You have to implement the policy ultimately

Longer Retention Periods = More Storage• More Storage = More Power, Cooling, Space, etc.• More Storage = Tiered Storage!

Summary

Archiving for Storage Management• Free up expensive production disk storage• Reduce backup windows• Reduce recovery times

Archiving for Legal Discovery / Compliance• Make sure to capture the data in the first place• Proper retention / disposition management

Not just Archive, but Backup as well• Litigation hold procedures• How quickly can you perform a legal discovery?• How comprehensive is your legal discovery?• Be prepared!

Thank You!

www.commvault.commivanov@commvault.com