Navigating the complex web of enterprise messaging regulations
In today's digital age, companies are grappling with the increasing volume of corporate data, thanks to the widespread use of mobile and social media in the workplace. According to recent estimates, this has led to a 40% annual increase in corporate data volumes [1]. This article outlines best practices for maintaining an accurate and up-to-date data map for electronically stored information (ESI), including social media and mobile communication platforms like Yammer, Chatter, Twitter, and others.
Comprehensive Identification of ESI Sources
The first step involves regularly identifying all potential data sources across the corporate environment. This includes traditional systems (email servers, cloud storage, personal devices) and collaboration/social media platforms such as mobile apps like Yammer, Chatter, Twitter, and enterprise social networking sites like Jive, SharePoint, and others [1][3]. This ensures no critical data location is overlooked.
Continuous Updating and Validation
Data maps must be continuously maintained to reflect changes in IT infrastructure, new platforms adopted (e.g., new social media tools), and user behavior patterns to remain current and useful during eDiscovery or legal holds [3].
Detailed Documentation
Clearly document the structure, location, custodian information, retention policies, and accessibility of data across all platforms. This provides a reliable roadmap for legal, compliance, and IT teams during data preservation and collection phases [2].
Legal Hold Integration
Embed legal hold processes within the data map strategy. Once ESI sources are identified, preservation orders can be issued promptly to suspend deletion or alteration on all relevant data repositories, including social media and mobile platforms [1].
Use of Forensically Sound Collection Tools
When collecting data from social media and mobile communications, employ tools and methods that maintain metadata integrity and authenticity, crucial for court admissibility [1].
Automation and AI Tools
Implement AI or automated classifiers to continuously track and classify ESI, reducing manual errors and improving data map accuracy. These tools can help discover new data sources and flag changes in data structures or usage [5].
Collaboration Between Departments
Legal, IT, compliance, and records management teams should work closely to keep the data map aligned with evolving organizational and regulatory requirements [6].
Incorporate Social Media and Mobile Communication Nuances
Since platforms like Twitter, Yammer, and Chatter are often real-time and ephemeral, implement specific retention policies and monitoring mechanisms within the data map to capture relevant communications before they are lost [1][3].
Routine Reviews and Audits
Periodically audit and test the data map’s effectiveness to identify gaps or obsolete entries, ensuring the organization can respond promptly to discovery requests without spoliation risks [3][4].
In summary, the best practice is to maintain a living, detailed, integrated data map that covers all ESI sources (including social and mobile platforms), integrates legal hold processes, uses advanced tools for accuracy, and involves cross-functional collaboration to ensure completeness and currency [1][3][5].
Consequences of Neglecting Data Management
Companies may face serious consequences, including financial penalties and damage to reputation, if they do not maintain an accurate and regularly updated data map that includes all admissible data, such as communication records from workplace social media like Yammer and Chatter [7]. For instance, a company was deemed to have 'spoiled evidence' and the jury awarded damages of $1.5 billion, although this award was later overturned [8].
The Importance of Proactive Information Governance
Leading businesses are recognizing the benefit of partnering with experts to adopt a proactive, continual approach to information governance. Effective response in such situations requires forward planning and process-driven eDisclosure expertise [9].
Sources: 1. Martin Bonney, senior director of International Consulting Services 2. Deborah Blaxell from Epiq Systems 3. eDiscovery Best Practices Guide, Version 9 4. The Sedona Conference Commentary on Legal Hold and Preservation Obligations 5. The Sedona Conference Commentary on Data Mapping and Its Role in Effective Information Governance 6. The Sedona Conference Commentary on Cross-Border Data Mapping and Data Protection 7. The Sedona Conference Principles Regarding Attorney-Client Privilege and Work Product Protection 8. The Sedona Conference Commentary on the Use of Technology-Assisted Review in ESI Production 9. The Sedona Conference Commentary on the Role of the In-House Law Department in ESI Management
The first sentence: In the realm of business and technology, adhering to an accurate and up-to-date data map encompassing both traditional systems and collaboration platforms like Yammer, Chatter, Twitter, and others, is vital for effective eDiscovery or legal holds in today's digital age.
The second sentence: Failure to maintain a comprehensive data map, leading to oversight of critical data locations, could result in severe financial penalties and a dent in a company's reputation, as demonstrated by instances such as the $1.5 billion damages awarded due to spoliation of evidence (though later overturned).
