Electronically Stored Information Policies

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.