Documents and Discovery in Government - Alberta’s Perspective

CCCA ConferenceDocuments and Discovery in

GovernmentAlberta’s Perspective

February 22, 2010

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Denise BagnellPresident

Tri-global Solutions Group

Edwina PodemskiBarrister & Solicitor

Alberta Justice, Civil Law Branch

GOVERNMENT’S PERSPECTIVE

CCCA Conference - Documents and Discovery in Government

Tuesday, February 23, 2010 2

Complexity of GovernmentLeadership Roles


Minister

Deputy Minister

Information Technology

Information Management

Senior Records Officer

Senior Financial Officer

CIOs

Risk Management

Justice

24 MinistriesCollaboratively Establishing:

Effective governanceRecords management program

Managing eDiscovery Changing culture

Ensuring buy-in and collaboration from and among

all parties

Alberta Government

59,300 Employee – 2009 Stats◦ Creating a growing amount of information on

a daily basis◦ All with electronic devices using various

media combining electronically stored information (ESI)


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Devices and Media Containing ESI

Lesson’s Learned:Information Environment Strategies Acquire economical, efficient, and reliable means for creation,

retrieval, maintenance, preservation, and disposition of records in any electronic media

Developing an holistic approach: People, Culture, Governance, Policy

Implementing an effective Change Management in a complex environment

Leverage FOIP, privacy and transparency, government resources to strengthen eDiscovery readiness

Improve the methods by which government information, including information on the internet, is organized, preserved, and made accessible to the public

Improve transparency and security of data

Ensure compliance with legal directives and information requests


Lesson’s Learned: Resources

Overcoming cultural and language barriers to get everyone on the same page – culture shift required

Overcoming the funding challenge of Records Management –– poor child


Minister

Deputy Minister

Information Technology

Information Management

Senior Records Officer

Senior Financial Officer

CIOs

Risk Management

Justice

Economic pressures adds to complexity Collaboration - all parties need to work together with

records managers to develop strategic plans for e-records management

Embracing Web 2.0, social networking, cloud computing and all of the other new technologies with caution -already a challenge with email and standard applications – like Word, Excel.

Overcoming the challenge and frustration of technology systems obsolete

Overcoming the perception storage is cheap

Addressing the growing typesof media in storage –i.e.: audio, video

Lesson’s Learned:Technology

Lesson’s Learned:eDiscovery Technology

Understanding Technology tools that help –eDiscovery tools are in their infancy –integration is an issue

Acquiring powerful search tools Overcoming Siloed Systems


Lesson’s Learned:Awareness and Abilities

Training all personnel that create and use records to ensure compliance

Developing the core competencies needed for effective records management and eDiscovery readiness

Acquiring or developing qualified and experienced personnel in eDiscovery and electronic records management


Lesson’s Learned:Improvement in RIM

Evaluating, improving, implementing, and executing records management policies and procedures

Ownership of the record Ensuring that functional

management, control, oversight, and leadership are demonstrated during the life-cycle management of records


Lesson’s Learned:Litigation Hold Preparing consistent processes for information

governance before a litigation hold Leveraging resources in the most efficient and

effective ways to manage a litigation hold Migration and evergreening – maintaining

authenticity and integrity of information


U.S. Army Photo – ENIAC (circa 1947-1955)

U.S. Army Photo – BRLESC-II(circa 1966)

Floppy disks(circa 1976 – 1982)

USB drive(circa 2000+)

Lesson’s Learned Centralizing, decentralization and

reorganization of Government◦ Functional access to information◦ Orphaned systems and records

Outsourcing◦ Access to information◦ Cross border issues◦ Privacy◦ Costs◦ Flexibility


Emerging Best Practices:Litigation Readiness

Tuesday, February 23, 2010

eDiscovery Program Lead

eDiscovery Strategy and Oversight,& Policies

Determine Technology requirements & tools

Communicate and Train staff

Establish Continuous Audit & Review processes

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QUESTIONS

Documents and Discovery in Government - Alberta Perspective


Business

Documents and Discovery in Government - Alberta’s Perspective