Questions for the Spring 2018 Semester

Greetings RMUers!

This semester we are going to try taking your questions from the RMU forum, and answering as many as we can during class, live. Particularly as those questions relate to the subject of the day’s class.

Please post your questions as comments below, and we will do our best to answer all of them this semester.

You guys rock!

Thanks for tuning in,
Richard Long

What are the capabilities of records management in Office 0365 and the Azure Platform and what are the security benefits in the cloud

If a record is subpoenaed and a copy provided to the requestor, should the record be placed on legal hold or is it ok to destroy since the requesting organization has a copy and the content is not germane to any litigation against the responding organization? Or!!! “The first thing we do, let’s kill all the lawyers” (William Shakespeare’s Henry VI, Part 2, Act IV, Scene 2) the it doesn’t matter what we do. Your unorthodox Dean.

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Sounds like third party subpoena. In our discussions, we determined that they are not placed on legal hold unless we are having (may have) an issue with one of the parties and it may be germane. Has not happened yet. Depending on the case, players and relationships, there can be issues. Apple has been hit with a $300K fine for taking to long to respond to a 3rd party request. An interesting situation.

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Will Feith supply power point presentations from the recordings?

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According to John Montaña: “if a company become aware that a lawsuit or other legal process has commenced or is likely to commence, records that are relevant to that legal process cannot legitimately be destroyed. They must be identified, segregated, and preserved until either the matter is resolved, or it is established to the satisfaction of all parties that they aren’t needed”.

It is my understanding that the record should be placed on legal hold. If information is destroyed or altered, it is referred to as spoliation of evidence.

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Any type of RM in Office 365 (in the Azure cloud) will be dependent on the availability of the records center in SharePoint. The RM may be limited for your requirements and it does take technical resources to set it up. Most government organizations that have attempted to do records in the Records Centers have had some real challenges. It depends on the strictness of your RM program.

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Yes but a third party subpoena is different as it is treated as a request since you are not one of the parties in the suit. You respond with what you have regarding the topic and your work is done. You are not compelled to retain your records longer than your retention times.

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Thank you for your clear explanation! :slightly_smiling_face:

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What is the maximum amount of time that a record can be stored before being destroyed especially if they are start-up or records from the cradle of the company? Do they have to be destroyed after 20 years?

Hi CPReeves,
Lots of factors come into play re your question. The main thing is that there should be a retention schedule developed from an inventory of the records created within the company that gives guidance in determining the lifespan of that record based on certain criteria like legal, historic, financial/audit and general business operation needs. What does the company consider records, the type of record and its importance in policy, procedures and processing of key business functions all play a role in making that determination "To Keep or Not to Keep and how Long!