As the opposing forces of data privacy regulations and legal discovery demands tug at organizations, businesses must become more conscientious and systematic about the way they retain, retrieve and generally handle their electronically stored information. In a survey released last month by Kroll Ontrack, the mistakes made with this information were made evidently clear. The survey questioned both in-house IT and legal counsel to get a view from both sides of the house. Here’s what they found.
of
No document retention policy whatsoever
16 percent of companies do not have a policy in place at all
No document retention policy whatsoever
Legal is more knowledgeable about whether a policy exists than IT
Lack of automated archiving platform
One in five companies do not have an archiving technology platform to manage the storage and destruction of electronically stored information in an automated fashion
Failure to develop a data map
More than half of companies do not have or do not know if their organization has an inventory of where all data is stored
Failure to develop a data map
IT (53 percent) is more aware of the existence of a data map than legal (35 percent)
Inability to enact emergency legal document hold
47 percent of organizations do not have a mechanism in place to suspend their organization’s document retention policy in the event of litigation
Inability to enact emergency legal document hold
Almost one quarter of companies do not possess a legal hold tool
Inability to enact emergency legal document hold
23 percent of companies are not sure whether a legal hold tool exists
No discovery strategy in place for litigation or investigation
Over half of companies in the U.S. have a discovery strategy for responding to litigation or investigatory matters
No discovery strategy in place for litigation or investigation
27 percent of legal as opposed to 18 percent of IT do not know if their organization has a policy in place
Discovery strategy is not repeatable or defensible
In the U.S., only 40 percent of respondents tend to agree and 23 percent of respondents strongly agree that their organization’s ESI discovery strategy is repeatable and defensible
Discovery strategy is not repeatable or defensible
45 percent of respondents do not know if their policies have been tested
Discovery strategy is not repeatable or defensible
Only 38 percent of respondents have tested their policies
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