Wednesday, June 6, 2012

Kahn’s 4 Keys to Defensible Disposition


With virtually no companies methodically applying retention rules to their ever-growing information heaps, and no practical way for employees to discern what is needed and what is digital data debris, you need to be thinking about how you will defensibly dispose of info crud.  After all, “innocent” technology folks have been forced to defend claims of destruction of evidence for merely recycling systems to make room for more stuff.  So here are Kahn’s 4 Keys to Defensible Disposition.   

Kahn’s 4 Keys to Defensible Disposition
1.   There is sufficient diligence (including review, audit, analysis by human and/or technology) to determine that the information subject to disposition is no longer needed for records retention or legal purposes.
2.   The analysis and diligence process is managed by individuals without any personal interest or incentive in the disposition of the specific content subject to disposition and any disposition is undertaken with agreement and oversight by law department and relevant business unit heads.
3.   The disposition process followed is documented, routinized and repeatable and all disposition actions taken are authorized, final, complete and irreversible.
4.   Prior to any disposition, there will be sufficient notification of the proposed disposition actions to be taken, to the affected business unit heads and the legal representative to be able to immediately stop the disposition process if questions arise as to the appropriateness or legality of the disposition.

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