Electronically Stored Information Policies

A record retention policy should include electronically stored information.

Do you know where your company's electronically stored information (ESI) is? Companies involved in litigation have to identify and preserve their ESI. Establishing and following electronically stored information policies is the best way to comply with legal requirements.

History

Before the digital age, parties in litigation sifted through boxes of paper looking for relevant information. In 2006, federal courts began to use the term "electronically stored information" to refer to digital records such as email, databases and spreadsheets. Other forms of electronically stored information, including medical records, were also regulated by federal agencies.

Requirements

An organization should establish a record retention policy that manages information according to legal and operational requirements, regardless of whether the information is electronically stored or printed on paper. The policy should require organizational and transactional records be maintained in a way that preserves their integrity as business records.

Compliance

Employers should educate and train employees so they understand the policy. Employees should be held accountable for violations of the policy. Companies should audit electronically stored information policies periodically to assess its effectiveness. That way, when litigation occurs, the company can demonstrate compliance with ESI requirements.

References

• Utah Division of Risk Management: Before you Delete That Email