Electronic E-mail Retention System Need(s) Statement
7/23/2007 DRAFT (As approved by ITPG and The CIS Executive Committee)
Need:
The colleges and agencies within Washington State’s Community and Technical College System must adopt new e-mail retention policies and infrastructure in order to be compliant with new Federal Rules and in order to meet Washington State Public Disclosure requirements. In addition to damaging an organization's reputation, following are examples and other possible ramifications of non-compliance:
- Civil Penalties
- Phillip Morris failed to comply with records retention programs and was fined $2.75M
- P.F. Laboratories – A subsidiary of Purdue Pharma, agreed to pay $2M settlement for alleged records keeping deficiencies
- Morgan Stanley was fined $10M by the SEC
- $5 to $100 per day penalty plus attorneys fees for failure to comply with public recorded requests
- Sanctions
- Zubulake vs. UBS Warburg LLC, 2004 – Court orders sanctions requiring the defendant to pay costs associated with the discovery dispute
- Criminal Penalties
- Arthur Andersen was fined
- Morgan Stanley: Inability to retrieve records on discovery order
It is estimated that damages from one law suite could equal the cost of a solution.