Trends in Preserving Alternative Electronic Communication

From the Experts

, Corporate Counsel

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Which records do we need to keep, and how long do we have to keep them?

What's being said

  • It does help if I sign the post now doesn‘t it?

    I am glad to see this discussion being opened up to include all the electronic communications commonly in play in today‘s organization. So that means that the archiving & retention strategy needs to also encompass records such as voicemail and instant messages.

    Decisions like the recent In Re Pradaxa and the Barclay‘s penalty have begun to make what was previously thought to be be a "grey area" of archiving to be quite clear: these are electronic records too. If you need to archive other records, you should be addressing these too.

  • I‘m really glad to see someone addressing the "gap" of the other electronic records: like voicemail, instant messages and even social media. FRCP changes back in 2006 extended to more than just email and documents, yet no one seemed to worry much about the other records.

    Now that the Barclay‘s situation made the issue quite visible, preceded by a related case (In Re Pradaxa) - archiving these other electronic communications is something that more organizations are just going to need to address.

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