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Navigating Multiple Jurisdictional Requirements: Which Jurisdiction is Controlling for Retention Purposes?

A common question amongst our international clients is: “which jurisdictional law should our retention schedule follow?” From a records management perspective, the general rule of thumb is to focus on the “place of the regulated activity.” Applying this rule can be difficult, however, when there are regulated activities with legal and operational implications beyond the borders in which the activity takes place. This becomes an issue in particular when retention requirements between jurisdictions that use the same types of record vary greatly in the retention periods. Of course, there are exceptions to every general rule, and this guidance must be...

Quantum Supremacy: Rethink Encryption in Records and Information Management

Encryption is an essential element in the toolbox of any security professional or records manager. In the event of a data breach, encryption acts as a failsafe to make stolen data unreadable to hackers and prevent them from putting it to nefarious uses. Encryption also plays a key role in our ordinary daily lives. When you log in to a website or pay with your credit card, you are relying on encryption to keep your credentials out of the hands of thieves. The encrypted contents of smartphones keep our private conversations and photographs safe from prying eyes. Even law enforcement...

The Fall of the Berlin Wall and the Rise of Berlin Sanctions

Thirty years ago, this November, East and West Germans began crossing the Berlin Wall after the German Democratic Republic (GDR) announced that East German citizens could freely visit West Germany and West Berlin. Within a short amount of time, both Easterners and Westerners started tearing down parts of the Wall, symbolizing the subsequent wearing down of the GDR.

With the 30th anniversary of the fall of the Berlin Wall coming up in a few weeks, it seems fitting to view the recent rise of European General Data Protection Regulation (GDPR) sanctions issued by the Berlin Commissioner for Data Protection...

Molecular-Based Data Storage

As technology continues to advance at a dizzying pace in nearly every aspect of our lives, this holds true for data storage solutions as well. Coming down the pipeline are some big (or, more accurately – minuscule) and exciting developments in the ways we store our digital data!

DNA storage

In a prior post, we discussed the fascinating possibilities of storing data on strands of DNA. The basic rundown of the process involves digital data being chopped up and stored as synthetic DNA molecules in sequenced strands. These strands are synthesized into actual DNA, which can be preserved for long...

Instant Messaging in the Workplace and Mitigating Risks

In today’s digital age, communicating between colleagues in the workplace is easier than ever before. Instant Messaging (IM) tools such as Slack, Microsoft Teams, and Google Hangouts allow employees to quickly chat, share documents, and create meetings efficiently. While IM and traditional email platforms have similar operations, IM streamlines the process by showcasing message threads directly on the user’s screen rather than going through an inbox. For this reason, companies are increasingly choosing IM over email to perform daily tasks and improve productivity. Companies are now quickly scrambling to understand the risks associated with these tools and how to implement...

E-Discovery and the Importance of Having a Records Retention Program that Includes Electronic Records

Discovery: the act or process of discovering. In a lawsuit, discovery is the process of sharing information that is relevant to a particular legal action or proceeding. With the rapid growth of technology and electronic data, the discovery process has evolved to include a new way of discovering information: electronic discovery or “e-discovery.” Why all the buzz about e-discovery? Computers are being used now more than ever by families, businesses, lawyers, doctors and even the courts. Computers allow us to work more efficiently, cut costs, communicate and store large amounts of data. It is important for a business to...

The Age of the Cyber Breach and the Value of Information Governance (IG)

Companies today are maximizing the value and usability of information like never before. Unfortunately, so are cybercriminals. During the first half of 2018, more than 3.3 billion records were compromised, with malicious outsiders being a major cause.

In the fight against cyber breaches, companies are at a steep disadvantage for many reasons. First, the internet was not designed with security in mind. It grew out of an experiment to send messages between researchers’ computers over a network. And its users grew so fast that the network, established on a foundation of collaboration and trust, remained a platform where...

Proposed New York Privacy Act Breaks New Ground on Personal Data

Now that the one-year anniversary of the GDPR implementation date has come and gone, many in the business world are collectively exhaling after a long and arduous period of privacy compliance efforts. But the respite is short-lived: preparations are already underway to handle the new California Consumer Privacy Act (CCPA), which will go into effect on January 1, 2020 (pending any last-minute amendments during the interim). The CCPA has a one-year lookback period, meaning that CCPA-compliant recordkeeping should already be well underway. However, another challenging new privacy law is already potentially looming on the horizon. New York lawmakers recently introduced...

Archive Law, Is It Just Applicable to Governments?

A National Archives Agency preserves official documents, photos, artifacts and records that have important historical value to a country. The purpose of an Archive’s Agency is to preserve these important records for future generations and provide public access to these records.

Why are archive laws so important? Archive laws set out standards for preservation of records and regulations for accurate record-keeping from their creation to disposal or storage.  Archive laws also set mandatory standards for security, storage conditions, protection of records from damage or loss, as well as conditions for storing records in specific mediums.

At first glance, archive law...

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