Discussion 8 Q1 and 9 Q2 Governance

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Chapter9PPT.pptx

ITS 833 – INFORMATION GOVERNANCE

Chapter 9

Information Governance and Records

and Information Management Functions

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CHAPTER GOALS AND OBJECTIVES

Understand records management and its impact on information governance

What is Electronic Records Management (ERM?)

Why is records management challenging?

Benefits of ERM

Inventorying E-Records

Understanding Retention Scheduling

Discussing Email Retention

Legal requirements and compliance research

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Records Management and Information Governance

According to Smallwood (2014) “records management is a key impact area of information governance” (p. 147).

International Organization for Standardization (IS) defines records as “information created, received, and maintained as evidence and information by an organization or person, in pursuance of legal obligation or in the transaction of business” (p. 147).

Records and information (RIM) extends beyond records management

Electronic records management (ERM) now the forefront of business issues supporting business process automation and electronic document growth.

Classification

Taxonomy

Retention

Disposition

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Electronic Records Management

According to Smallwood (2014), ERM is “the organization, management, control, monitoring, and auditing of formal business records that exist in electronic form” (p. 148).

Important to note: Automated ERM solutions also track paper and other physical records.

E-records management – more critical to modern business due to increased legislation on compliance and volumes of information and growing in electronic format

ERM adheres to the same principles as paper records management

E-records are subject to evolving IT making them difficult to read/obsolete

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Electronic Records Management Business Rationale

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Smallwood (2014) discussed that several factors form the business rationale for ERM:

Facilitating compliance

Ensuring records are backed up in the event of a disaster

Information Governance support

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The Challenge of Records Management

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Lack of defined policies

Increasing regulations

Managing multiple retention schedules

Compliance cost and lack of human resources

Security concerns

Dependence on IT

Volumes of documents

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Benefits of ERM

Improvements for enforcing IG over business documents & records

Accurate searching capability

Productivity of knowledge workers

Reduced legal consequences/risk compliance issues

Improved security

More effective decision-making based on improved search capability

Also review several additional intangible benefits (Smallwood, 2014, p. 153)

e.g. preservation of corporate memory

improved professionalism

improved decision-making

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Inventorying E-Records

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Electronic records inventorying is more challenging than physical records inventory

US National Archives and Records Administration (NARA) suggests electronic records are inventoried by information system rather than record series

Knowledge workers are the best resource for:

Gathering accurate inventory data

Developing workable file plans

Maintaining records declaration, retention, and disposition process

Records inventorying steps per NARA:

Define inventory goals

Define inventory scope

Seek and obtain executive management support/sponsor

Identify information to be collected

Identify WHO will conduct inventory

Understand where the files are located (geographically)

Complete the inventory

Confirm results

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E-discovery planning

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E-Discovery Reference model = a planning tool that details e-discovery process steps

7 steps of the E-Discovery Process, according to Smallwood (2014):

1. Create and retain ESI – includes enforcing and monitoring compliance

2. Selection process to identify relevant ESI

3. Deduplication and cleansing of ESI – serves to reduce cost

4. Review filtered ESI for privilege

5. Produce native format ESI

6. Clawback ESI

7. Present at trial

Guidelines for E-Discovery Planning:

Implement an IG program

Inventory the business ESI

Develop a detailed records retention policy including ancillary retention schedules that includes email and significant ESI areas

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Challenges - E-Records Inventory

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Due to their electronic state, e-records present unique challenges over paper of microfilmed records:

One cannot flip or browse through records without online searching

May be distributed across multiple servers rather than physically located in one location

Similarities of metadata

Multiple copies may exist – difficult to identify the original

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Understanding Retention Schedules

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According to Smallwood (2014), a records retention schedule “defines the length of time that records are to be kept and considers legal, regulatory, operational, and historical requirements” (p. 170).

Retention schedules are needed towards uniformity in the retention & disposition process.

A records retention schedule consists of:

Title of the series

Descriptions of the records series

Office responsible

Disposal decision

Timing of disposal

Event(s) that triggers the disposal action

Date the schedule was fully executed

Legal citations

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EMAIL RETENTION

Several theories exist on appropriate email retention schedules.

When no laws or regulations that govern retention and deletion of electronic business records exist, organizations may determine their individual retention and deletion schedules (recommended at least as long as paper records).

Most common email retention is 7 years, however timelines vary –

may be as little as 90 days, 6 months, or 1 year.

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Common Principles of Retention Schedules

Retention Schedule needs to include all records, regardless of media type or location

Schedules need to meet all legal and regulatory requirements

Retention schedules require a ‘proactive’ rather than ‘reactive’ approach

Monitoring and periodic review of the retention schedule

Continuous improvement process based on evolving legislation and regulatory requirements

Records scheduling and classification are linked

Categorize similar file series for retention

Preservation of historical records

Records retention should align with user business needs, records, value, and compliance requirements

Proper retention schedule planning and controlling

Executive management approval and sign-off of process

Documentation of scheduling requirements and process

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Legal Requirements

Legal requirements TRUMP ALL OTHERS regarding retention schedules!

Legal research is required BEFORE determining and adopting retention schedules

Record retention requirements may be found:

Citation services

FILELAW (Canadian records database)

Code of Federal Regulations (CFR) – annual update

Electronic Code of Federal Regulations (e-CFR) - daily update

Periodic auditing to ensure compliance with retention policies

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The End

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