Retention - DP in Practice Series

RETENTION

DATA PROTECTION IN PRACTICE SERIES

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Retain v Destroy

FORCES

Star Wars

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FORCES AT WORK

Legal requirement

Min. retention

Purpose

Relevance

Archive

Evidence

Legal requirement

Max. retention

Facilities

Capacity, readibility,…,

Personal data protection

Relevance

HAVE TO

USEFUL

WANT TO

HAVE TO

HAVE TO

WANT TO

Legal

Lack of evidence

Data protection

Protection

WANT TO

USEFUL

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Immediately available (“File”) v Available if and when needed (“Archive”).

ACCESS LEVELS

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THE FORGOTTEN

DISTINCTION

No longer a physical need to “clean up” and limit to the necessary. @To

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ACCESS DIFFERENCE

DAY-TO-DAY ARCHIVE

Need

toknow

changes o

ver

tim

e.

We’re in the front

line of war.The war is over.

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Force in two directions, although mostly minimum retention.

LEGAL RETENTION REQUIREMENT

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FORCES AT WORK

Legal requirement

Min. retention

Purpose

Relevance

Archive

Evidence

Legal requirement

Max. retention

Facilities

Capacity, readibility,…,

Personal data protection

Relevance

HAVE TO

USEFUL

WANT TO

HAVE TO

HAVE TO

WANT TO

Legal

Lack of evidence

Data protection

Protection

WANT TO

USEFUL

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• Clarity on

minimum

cinetropolis.net

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• Rarely a (clear)

maximum

• Legislator

often forgets,

overlaps or

even

“contradicts”

cinetropolis.net

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• Spread over

different

legislations

• Unclear

language:

• Starting point?

• Period?

• Renewable?

cinetropolis.net

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I just do not have the space !

FACILITIES

FORCES AT WORK

Legal requirement

Min. retention

Purpose

Relevance

Archive

Evidence

Legal requirement

Max. retention

Facilities

Capacity, readibility,…,

Personal data protection

Relevance

HAVE TO

USEFUL

WANT TO

HAVE TO

HAVE TO

WANT TO

Legal

Lack of evidence

Data protection

Protection

WANT TO

USEFUL

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THE OBVIOUS

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THE NOT SO OBVIOUS

www.inforbix.com

Device

CLOUD

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AND STILL…

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Can we keep it all protected?

PROTECTION

Lord of the Rings

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FORCES AT WORK

Legal requirement

Min. retention

Purpose

Relevance

Archive

Evidence

Legal requirement

Max. retention

Facilities

Capacity, readibility,…,

Personal data protection

Relevance

HAVE TO

USEFUL

WANT TO

HAVE TO

HAVE TO

WANT TO

Legal

Lack of evidence

Data protection

Protection

WANT TO

USEFUL

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FATAL DISTRACTION

Lord of the Rings

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OPTIMIZE SOURCES

Lord of the Rings / Riders of Rohan – Helm’s Deep

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Force in two directions

RELEVANCE

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FORCES AT WORK

Legal requirement

Min. retention

Purpose

Relevance

Archive

Evidence

Legal requirement

Max. retention

Facilities

Capacity, readibility,…,

Personal data protection

Relevance

HAVE TO

USEFUL

WANT TO

HAVE TO

HAVE TO

WANT TO

Legal

Lack of evidence

Data protection

Protection

WANT TO

USEFUL

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THE ATTIC CONUNDRUM

Let us put it on ice !

(you never know)

Delete

(no longer a purpose)

www.deviantart.com / Dizthrox

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THE ATTIC CONUNDRUM2

Let us put it on ice !

The bigger the data, the more

potential correlations.

But will it be

relevant?

And when?

Big Bang Theory / Star Wars

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Force in two directions!

EVIDENCE

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FORCES AT WORK

Legal requirement

Min. retention

Purpose

Relevance

Archive

Evidence

Legal requirement

Max. retention

Facilities

Capacity, readibility,…,

Personal data protection

Relevance

HAVE TO

USEFUL

WANT TO

HAVE TO

HAVE TO

WANT TO

Legal

Lack of evidence

Data protection

Protection

WANT TO

USEFUL

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RISK MANAGEMENT

My clients need this.I can get into

trouble for this.

I need this for proof.

E-Discovery on this

heap would cost a

fortune.

What we don’t have

can’t be used

against us.

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Devil’s Advocate

WHAT IS MY RISK?

Dispute

Means

Value

Power

Conflict

Burden

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0. CONFLICT

No conflict,

no need for proof.

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Fine Brothers

1. DISPUTE ON FACTS

Agreement on facts,

No need for proof.

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Road Runner

2. RISK OF PROOF

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Do we bear the risk

if something is not

proven?

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Sternmedia.com

3. BURDEN OF PROOF

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Do we have to bring

forward the proof?

Collaboration on proof

Presumptions Possibility to force other

to bring forward (his

copy of) proof

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4. MEANS TO PROVE

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With what means can

we prove?

Presumption

Document

Witness Confession

Repudiation Signature of counterparty

Copies of the document Original Authentic

Paper copy Digital copy

Integrity

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5. VALUE OF EVIDENCE

All proof is created

equal,

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What has to be proven against whom?

but some proof

is more equal

than other.

FactsIn criminal cases Against merchants

Against non-

merchants

For claims over a

certain amount

Against

“authenticated”

facts “Documents to rule them all.”

For “legal actions”

by the counterparty

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6. POWER OF EVIDENCE

What did

the evidence

prove?

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BLACK I S BLACK

SO…

Risk is a function of

- Number of files

- Probability of conflict

- Probability of dispute on proof

- Probability of risk of proof in our camp

- Probability of burden of proof in our camp

- Probability that at that time we will not be able to produceevidence

- that is not outweighted and

- that actually proves what the discussion is about

- Value of the case when lost (average / outliers)

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START FIGURING THESE OUT

Legal requirement

Min. retention

Purpose

Relevance

Archive

Evidence

Legal requirement

Max. retention

Facilities

Capacity, readibility,…,

Personal data protection

Relevance

HAVE TO

USEFUL

WANT TO

HAVE TO

HAVE TO

WANT TO

Legal

Lack of evidence

Data protection

Protection

WANT TO

USEFUL

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Have FUN

!

Revenge of the Nerds

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