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Archiving To Help Solve BYOD

We have written before about the security, privacy, compliance and legal issues created by the Bring Your Own Device (BYOD) phenomenon.  And if BYOD seems difficult here in the US, it’s far more difficult in the EU with its stronger protection of personal data.  With BYOD, personal information is being mixed with corporate information on an employee-owned device, often with no real corporate oversight, creating all kinds of new problems.

The UK’s Information Commissioner’s office recently published guidance to assist organizations in dealing with BYOD concerns in the EU.  Of course, a main point is that having a clear and effective BYOD policy is a crucial step for any organization.  But one issue, along with its related advice, really caught our attention:

     “If copies of data are stored on many different devices. . . there is an increased risk that personal data will become out-of-date or inaccurate over time … [or] retained for longer than is necessary … [because] it is more difficult to keep track of all copies of the data.  Using devices to connect to a single central repository of data can help mitigate this risk.”   [Emphasis added].

Centralized archives, operating and retaining data according to company policies, serve this purpose.  For example, rather than having email (and attachments) stored on various email servers, in PST files and on devices for every custodian, it should be stored, maintained, accessed (and ultimately deleted) from a single instance email archive.  Each device can serve as a “window” to that centralized content so that it’s accessible as needed, and then deleted.  This avoids creating new instances of each message that are stored and managed for each individual device requiring access to the data.  And this same concept can be applied to documents from file systems, Sharepoint, even records management systems.

Not every organization will have to meet EU (or even EU-style) data requirements.  But centralizing and managing content is a solid best practice that will pay dividends no matter where you are located.

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BYOD: Bring Your Own . . . Disaster?

While the “Bring Your Own Device” phenomenon seems to be gathering even more momentum, few organizations seem to be working on the compliance issues that BYOD can create.  BYOD is clearly an important technology wave, but without some thoughtful planning, this BYOD could easily turn into “Bring Your Own Disaster”.

BYOD can be loosely defined as employees using their own devices to access company resources and complete job-related tasks.  In the real-world, BYOD can be as simple as an employee using personal funds to purchase a cell phone for business use; or as complex as an employee-purchased tablet (or laptop!) with monthly wireless charges reimbursed by the company and access to the company network encouraged.   These devices can boost productivity but with an impact.  Some companies have found that several hundred applications — typically unapproved and many completely unknown to the company — are touching their network from employee smartphones.

BYOD creates concerns that need to be addressed, or at least considered.  In the more complex situations (usually with laptops or tablets), both corporate and personal data will probably be mixed on the device.  If a mixed use device contains illegal or infringing data, is the company responsible?  If a lawsuit or investigation requires access to the employee’s data, does the company have the right — or obligation — to collect relevant information from the device?  What if it has the obligation but not the right?   And what happens if data is clearly relevant to a company issue but also clearly personal to the employee — will the employee resist?

Specific regulations regarding data retention or security may also be triggered.  How does an employer insure that record content created on these devices, which may have never touched a corporate server, is retained for required retention periods?  Insuring compliance with regulations such as HIPAA (related to health information) and 17a-4 (broker-dealer communications) is unlikely without the company having some access to and knowledge of information created and/or stored on the device.  Outside the US, the problem can become more difficult because data privacy laws further limit the company’s access to the information.

What can you do?  Although the ultimate solutions will likely be technology based, start with policies.  Dust off your records retention, email retention, corporate network, cell phone, security and other related policies and read them with an eye on BYOD issues. Consider whether the company can or should mandate access to a personal device used for corporate purposes, or create an obligation granting access to the device if it has data necessary for the company’s regulatory requirements or legal requests.  There is not yet much guidance from the courts on whether this is sufficient, but putting these requirements in writing is a start.

Longer term solutions may be technology based.  Access to company resources via smartphone and tablets can be controlled through security applications installed on the device.  Applications (like EMC’s Syncplicity) can deliver the convenience and open collaboration of an application like DropBox but with corporate controls.  And some creative planning can insure that most email and documents available on a smartphone or tablet are also on a corporate network for easier access and retention.

But beware —  employees and employers may not see eye-to-eye on many of these concerns. For example  over 75% of employees said they would not give an employer access to see the apps installed on their device and would not permit a tracking application to identify their whereabouts.  

Like it or not, BYOD is here.  Giving it some consideration and planning now can help you ensure the productivity side of BYOD without the disaster.

Reflections From LegalTech

Last week marked the latest iteration of LegalTech New York, “the most important legal technology event of the year.”  

I cannot begin to give you a play-by-play of the event, but I can give you my view on three trends I saw from visitors to the EMC Booth, hallway discussions and meetings with customers and analysts: 

1.  Information Governance has arrived.  While many topics were of interest, including eDiscovery, privacy, security, compliance, iPads, etc., there’s a better realization that we cannot approach these issues individually.  The umbrella of Information Governance gives all of us — legal, IT, Records, Security, Compliance officers, “the business”, the executive suite, etc. — a better platform from which to work. 

2.  Machine Brains are promising.  While technology-assisted review for eDiscovery was a very hot topic, there’s a growing understanding that these machine classification technologies have a lot of promise in other areas.  Using machines to assist with archiving, data classification, retention, etc. is a significant area of interest.  (As an aside, I also thought I saw the beginnings of some healthy realization that these tools are not “push button” but require process, knowledge and some actual work).  

3.  Security, security, security.  All of us love our technology tools, whether an iPad, Nexus 7 or even a Blackberry.  And these tools do make us more productive and efficient.  But the security problems that we’ve always had are now that much worse with data residing in more locations and with significantly more access (legal or unlawful).  It’s not a disaster waiting to happen — it’s one that’s happening and waiting to be discovered.  (Again, it’s an issue that can best be addressed as part of a larger overall InfoGov program). 

If you were there, please add your comments below about what you took away from the show.