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There is a mindset among many that retaining old e-mails will put a company at risk. Many reason that e-mails handed over to an adversary during e-discovery, for example, will contain a "smoking gun" that could result in embarrassment or the loss of a legal judgment.
In some cases, this mindset has been proven correct. We’ve seen examples in high profile cases over the years of CEOs and others who have said things in e-mail that they wish had not been available for presentation at trial or during pre-trial motions.
However, in most cases it’s better to keep old e-mails, instant messages and other content, even if they do contain information that might reflect poorly on your company. Since it’s virtually impossible to delete all copies of e-mail that are sent outside of your company, you might as well retain them – chances are, someone will have copies of them anyway and you don’t want to walk into court as the only party that is not privy to this information.
In a major study on the archiving market that we have just published, we found that organizations in North America are following this course of action. For example, while 32% of organizations believe that preserving all e-mail content for long periods is the least risky option, 10% believe that deleting all content poses the least risk.
However, the proportion of organizations that believes that deleting all e-mail is the least risky course of action is dwindling over time. In an archiving study we conducted in 2007, 15% of organizations felt that deleting all e-mail was the least risky option; a study conducted in 2006 found this figure was 23%.
This clearly indicates that organizations' views on data retention are maturing over time and that a “delete everything” mindset seems to be on its way out. This will be particularly important as more organizations migrate to a unified communications model and need to retain even more data.
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Comments (8)
Improving e-recordsBy BenjaminWright on May 14, 2008, 12:25 pmAs businesses create ever-growing mountains of electronic records, lawsuits fight over the records in e-discovery and record retention disputes. Knowing that litigation...
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It's about content...By ARMA International on April 28, 2008, 4:31 pmTo minimize an organization's risk in retaining email (and any other records, paper or electronic), organizations should manage all records based on the content...
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Best PracticesBy Delete It on April 26, 2008, 10:25 amThere is no valid reason to keep ESI longer than necessary for a) business purposes and b) legal or regulatory requirements. Implementing an automatic delete policy...
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eDiscovery costsBy MichaelOsterman on April 24, 2008, 12:33 pmThere are really three issues here: 1) policies need to be created to determine what needs to be kept and what can safely be deleted, 2) good spam filtering tools...
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All ESI must be retainedBy MichaelOsterman on April 24, 2008, 12:26 pmYou're exactly right. Any electronicallly stored information -- voicemails and faxes included -- should be retained for discovery purposes. While a judge could...
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