I think Paul's summary is right on the money. I also am not a lawyer and never
went to law school, but I read the modified rules at
http://www.uscourts.gov/rules/archive.htm.
Civil Rule 16
Civil Rule 26
Civil Rule 33
Civil Rule 34
Civil Rule 37
Civil Rule 45
There's actually a safe harbor statement that says that if you have a policy of
deleting data at a certain period of time, and you can't provide it to a
court/plaintiff because of that policy, then they cannot assign any punitive
charges for that.
HOWEVER, once sued, all expiration stops. If you get an e-discovery request,
and it's asking for tapes from a certain period, you'd better immediately set
them to never expire and write protect (or at least segregate) those suckers.
This is really just a clarification of what's been going on in civil cases for
years. It doesn't change what anybody has to keep for how long, or anything
like that. All it does is tell you what to do when sued, and says that it's OK
if you delete stuff BEFORE being sued.
---
W. Curtis Preston, Author of Backup & Recovery and Using SANs and NAS
VP Data Protection
GlassHouse Technologies
-----Original Message-----
From: netbackup-bounces at backupcentral.com [mailto:netbackup-bounces at
backupcentral.com] On Behalf Of Paul Keating
Sent: Wednesday, December 06, 2006 9:06 AM
To: Bobby Williams; WEAVER, Simon; Bob Stump; Veritas-bu at
mailman.eng.auburn.edu
Subject: Re: [Veritas-bu] Infinity backup and level of infinity
The issue is not "arbitrary".
For instance.....if you have a policy that all "category X" data isdestroyed
after 6 months, and you get sued and have to provide all dataof category X for
the past year....you cannot say "Oh crap, I've got allthis data of category X
that's older than 6 months, I'd better destroyit."
If you have it, you cannot destroy it, when you get sued.....you'dbetter be
destroying it, as a matter of practice, as soon as the policystates it can be
destroyed.
If you haven't got documented precidence of strictly adhering to yourpublished
policy, then you can't use the policy as justification for thedata you just
destroyed.
Paul
--
> -----Original Message-----> From: veritas-bu-bounces at
> mailman.eng.auburn.edu > [mailto:veritas-bu-bounces at
> mailman.eng.auburn.edu] On Behalf > Of Bobby Williams> Sent: December 6, 2006
> 10:09 AM> To: Paul Keating; WEAVER, Simon; Bob Stump; > Veritas-bu at
> mailman.eng.auburn.edu> Subject: Re: [Veritas-bu] Infinity backup and level
> of infinity> > > the rule that became law on 12/1/06 seems to make it a crime
> > to arbitrarily start erasing tapes.> > Does anyone have a link to the law
> that is causing all of the > "E-discovery" discussions?> >
> Bobby====================================================================================
La version fran?aise suit le texte anglais.
------------------------------------------------------------------------------------
This email may contain privileged and/or confidential information, and the Bank
ofCanada does not waive any related rights. Any distribution, use, or copying
of thisemail or the information it contains by other than the intended
recipient isunauthorized. If you received this email in error please delete it
immediately fromyour system and notify the sender promptly by email that you
have done so.
------------------------------------------------------------------------------------
Le pr?sent courriel peut contenir de l'information privil?gi?e ou
confidentielle.La Banque du Canada ne renonce pas aux droits qui s'y
rapportent. Toute diffusion,utilisation ou copie de ce courriel ou des
renseignements qu'il contient par unepersonne autre que le ou les destinataires
d?sign?s est interdite. Si vous recevezce courriel par erreur, veuillez le
supprimer imm?diatement et envoyer sans d?lai ?l'exp?diteur un message
?lectronique pour l'aviser que vous avez ?limin? de votreordinateur toute copie
du courriel re?u.
_______________________________________________
Veritas-bu maillist - Veritas-bu at mailman.eng.auburn.edu
http://mailman.eng.auburn.edu/mailman/listinfo/veritas-bu
|
