Balancing Global Conflict | FTI Consulting

Balancing Global Conflict Between Privacy and Preservation Starts With Information Governance

Technology | ACC Docket (Reprint)

November 30, 2017

Once a data management program is off the ground, with privacy and preservation teams working collaboratively, it must be well maintained. A sound IG program is only as strong as its enforcement. Ensuring compliance with retention and disposal policies is in and of itself an intensive process, but there are a handful of practices that will help legal teams build long-term success into their overall IG programs.

Cheat Sheet

  • Connecting the dots. Today’s digital climate requires that privacy and preservation are bridged, and that both groups are educated on e-discovery, privacy, and the global implications of data deletion and retention. They key to building this bridge is to create a robust information governance system that’s customized to the organization.
  • Preserve and protect. It is essential for legal departments to understand that preservation and legal hold initiatives are a legal responsibility of inhouse counsel. While involvement of compliance and IT teams is crucial to the success of compliance processes, responsibility for the project should not be inadvertently transferred to other departments.
  • Balancing act. Reconciling data protection and preservation obligations can be addressed through holistic data systems that manage the risks of increasing data volumes throughout the lifecycle, shift away from blanket legal hold, and increase security and privacy measures.
  • Roadblocks. Organizations that have a “save everything” culture will face much greater difficulty in remediating expired legal holds and separating redundant data from what needs to be preserved.
Posted with permission from ACC Docket. Copyright ©2017. All rights reserved.

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