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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 there is an increased risk that personal data will become out-of-date or inaccurate over time … [or] retained for longer than is necessary … [because] it is more difficult to keep track of all copies of the data.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.

Viva La Resolution!

Although I strictly avoid New Year’s Resolutions, January is often a good time to think about the year ahead.  Last year at this time I created a wish list hoping that we would all learn more about archiving, machine classification, social media and “the cloud”. 

While those topics remain very important this year, let’s start 2013 by focusing on an umbrella issue — “Information Governance”.  To me, very simply, Information Governance encompasses all of the things that we’ve focused on individually during the last several years in the information world — eDiscovery, archiving, retention policies, defensible deletion, security, records management, privacy, etc.  (Deb Logan of Gartner has a far more thoughtful definition). 

How do you “do” Information Governance?  That’s a very good question and I don’t know that anyone yet has a great answer.  The best thing that we can do, today, is to be better educated on the issues outside of our main focus area so that we can better understand the impact of our own initiatives.  For example, the legal department’s goal of making information more accessible and searchable for eDiscovery may impact privacy and even security concerns.  An IT goal to move email to the public cloud to save money may create compliance and eDiscovery nightmares.  And an initiative to delete “legacy” data could wreak havoc with records management policies.

For now, spend some time learning about what your colleagues are doing in their areas of expertise, across IT, legal, records, compliance, security, etc.  You may find that the big picture quickly becomes much clearer.  

P.S.  Hope to see you at the EMC booth at Legal Tech.  

 

“It’s Not Personal, It’s Business”: Or Is It? The Social Media Conundrum

Guest Blogger: Alitia Faccone  Alitia Faccone

Ms. Faccone is a partner in the Business and Financial Services practice group at McCarter & English, LLP.  Ms. Faccone focuses her complex commercial litigation practice in the area of e-Discovery and all aspects of data preservation, privacy and records retention, both legal and technical.  She is co-chair of McCarter & English’s e-Discovery committee, an active member of The Sedona Conference and serves as the Chair of the Firm’s Women’s Initiative Steering Committee.  She can be reached at 973.848.5376 or afaccone@mccarter.com.

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In a scene from the 1998 romantic comedy, You’ve Got Mail, Joe Fox, aka Tom Hanks advises his AOL internet pen pal, Kathleen Kelly played by Meg Ryan, how to fight to keep her small business alive.  Unbeknownst to Joe, Kathleen’s small bookstore is only now in jeopardy of being forced out of business because he opened his discount chain, mega bookstore right in her neighborhood.  To inspire Kathleen, Tom quotes from The Godfather, “’It’s not personal, it’s business. It’s not personal it’s business.’ Recite that to yourself every time you feel you’re losing your nerve. I know you worry about being brave, this is your chance. Fight. Fight to the death.”  When the two finally meet in person, Kathleen learns that it was her internet pal who was responsible for putting her out of business.  Joe apologizes and tells her, “It wasn’t personal.”  Kathleen responds:  “What is that supposed to mean? I am so sick of that. All that means is that it wasn’t personal to you.  But it was personal to me. It’s “personal” to a lot of people. And what’s so wrong with being personal, anyway? . . . Whatever else anything is, it ought to begin by being personal.”

And that, in a nutshell, ladies and gentlemen is what social media is all about–it’s personal communication, relationship building.  And because it is Continue reading