Navigating the Complex Landscape of Business Communication Regulations

In the rapidly evolving world of business, a UK judge recently criticized a large corporation for failing to have an efficient information management system. The judge found it surprising and deplorable that the company, which faced serious consequences including financial penalties and damage to its reputation, had neglected to maintain an accurate and regularly updated data map for all admissible data, including communication records from workplace social media platforms like Yammer and Chatter.

This incident underscores the significance of a continual data management strategy in today's digital age. As modern means of communication continue to evolve, the definition of 'document' in the Civil Procedure Rules expands to encompass these new forms. The rise of social networking in the workplace is a concern for IT and eDisclosure professionals, as the use of mobile and social media has led to a 40% annual growth in corporate data volumes. Enterprise social networking sites such as Jive, SharePoint, and Yammer contribute to this growth.

Effective response in such circumstances requires forward planning and process-driven eDisclosure expertise. Companies must take proactive action to ensure they can properly store and extract data from evolving data sources. This includes understanding what kind of data is produced and stored by new social and mobile media, and managing the retention times and deletion of content held on professional networking sites, workplace communications platforms, Twitter, and other technologies.

A data map should be developed and maintained to record all existing data types, technical infrastructure, and storage solutions. If a company's data map is not regularly updated, it may not include newly introduced media types, and relevant information may be missed. This could lead to costly financial penalties and reputational damage, as seen in a US case where a company was penalized for not producing emails and email attachments, which were deemed negligent by a judge, and was also found to be acting contrary to its legal obligation.

Leading businesses are recognizing the benefit of partnering with experts to adopt a proactive, continual approach to information governance. Epiq Systems, for instance, partners with companies such as Microsoft, OpenText, and Relativity to implement advanced and continuous information governance and management.

The data landscape is continually shifting due to the rapid change in communication practices, making mapping this landscape a continual process rather than a one-time exercise. Companies must continuously investigate the extent of possible new sources of electronically stored information (ESI) in light of new communication practices. E-mails, texts, Twitter postings, and similar are often the most revealing and reliable evidence in litigation and regulatory investigations.

Sources for this information are Martin Bonney, senior director, International Consulting Services, and Deborah Blaxell from Epiq Systems. The growing popularity of enterprise social networks and the resulting increase in data emphasize the importance of a continual data management strategy for businesses in the digital age.