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We are in the midst of some major societal changes because of this pandemic. Whether you are struggling with staying at home or struggling with having to go to work, one thing is sure — we are all learning new ways to work with the resources we have. I see two big shifts that could impact the way corporations see and leverage information governance (IG): 1) The pandemic has made us more aware of our individual need for privacy and protection, and therefore more responsive to others’ needs. 2) The pandemic has pushed the growth of video communications and therefore inadvertently led many of us to adopt some powerful IG tools related to capture, categorization, and collection. This heightened awareness around our information has the potential to positively impact our ability to govern it, if we take advantage of this moment. Many of us were taken abruptly away from our normal work environments, and we suddenly faced an amazing new array of ways to act. Here are a few ways the pandemic has changed the manner in which many of us interact and how we understand and value our own privacy: Our usual physical channels for buying things have been... Continue Reading ARMA is pleased to provide access to an article originally published on BloombergIndustry.com. Just how “ephemeral” are so-called ephemeral messages?  In this article, former United States magistrate judge Ronald J. Hedges and Gail Gottehrer explore issues surrounding the potential for spoliation sanctions under Fed. R. Civ. P. 37 (e) for loss of ephemeral messages and lay the foundation for why eDiscovery and information governance best practices need to be extended to address this popular method of communication. Click here to read Reproduced with permission. Published June 9, 2020. Copyright 2020 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bloombergindustry.com. About the Authors Gail GottehrerLaw Office of Gail Gottehrer LLCGail Gottehrer is the Founder of the Law Office of Gail Gottehrer LLC. Her practice focuses on emerging technologies, including autonomous vehicles, connected vehicles, AI, the Internet of Things, robots, biometrics and facial recognition technology, and the privacy laws, cybersecurity requirements and ethical issues associated with the data these technologies collect and use. She is one of the few defense lawyers to have been involved in the trial of a class action to verdict before a jury.Gail was selected as one the Profiles in Diversity Journal’s 2017 Women Worth Watching in STEM... Continue Reading This article is the first of a four-part series on drafting requirements in IM policies, looking at the problems of using the words “must,” “may,” and “should.” Part 1 — Overview The traditional use of “must,” “may,” and “should” when drafting policy requirements is problematic. It’s time to modernize our approach to making rules and drop those terms completely. The conventional approach to indicating the relative strictness of these three words can be summarized as follows: Part 1 Part 2 Part 3 Part 4 “Must” means mandatory/required.“May” means permitted.“Should” means recommended. The International Standards Organization (ISO) uses a similar model.[1] According to ISO, “’shall’ indicates a requirement‘should’ indicates a recommendation‘may’ is used to indicate that something is permitted‘can’ is used to indicate that something is possible…” Despite their pervasiveness, these terms have two shortcomings: they are heavy-handed, and they lack clarity. Heavy-handedness: From the reader’s point of view, policies have a tone of voice. Too often, though, that tone of voice is bossy or condescending and does not invite buy-in. If you've come across any of my articles (e.g., Have You Considered Tone of Voice?[2]), then you know I am a big proponent of respectful policy statements. To reflect an... Continue Reading Records managers around the world are likely familiar with freedom of information (FOI) laws in their respective countries, especially when considered at the national or federal levels. But recent research concerning local, municipal-level compliance with these laws holds important lessons, especially for records managers who work in the public sphere. This new research shows that local compliance with FOI laws is inadequate, subject to manipulation, and influenced by legal and political factors. In the United States, the federal Freedom of Information Act has received significant attention since its inception in 1966.[1] FOI legislation generally grants the public the right to demand access to information held by governmental and municipal bodies. Proponents of FOI legislation argue that it increases government accountability, informs the public, provides access to the press, increases transparency of government decision-making, and reinforces governmental legitimacy. The press and the public have widely analyzed federal responsiveness to FOI requests, the information provided, and the timeliness of responses.[2] More recently, the focus has shifted from the national stage to the local one, studying municipalities and parishes to determine their responsiveness with state and federal mandates. The recent studies described below originated in two European nations, but their findings are relevant... Continue Reading Welcome to the Age of the Internet of Bodies A company in Wisconsin had a “chipping party” in 2017 to implant microchips in some of its employees to make it easier for them to access the buildings and systems and to buy food in the company break room.[1] Those employees joined a growing number of workers in other countries – Belgium, the UK, and Sweden, to name a few – who use microchips for workplace security, convenience, and commuting. Microchips are just one example of the increasing variety of smart devices that are near to, attached to, or reside inside the human body. These devices are no longer relegated to science fiction and spy thrillers. They are in use today – and are creating a myriad of records. What is the Internet of Bodies? According to futurist Bernard Marr,[2] “The Internet of Bodies (IoB) is an extension of the IoT (Internet of Things) and basically connects the human body to a network through devices that are ingested, implanted, or connected to the body in some way. Once connected, data can be exchanged, and the body and device can be remotely monitored and controlled.” Another common name for the IoB is... Continue Reading This year, ARMA International released the Information Governance Implementation Model (IGIM), beta version. There are, of course, other information governance (IG) models available to the community, each looking at IG through a different lens. Why should you take the time to look at yet another model? At the highest level: 1) because the IGIM offers an implementation-focused approach that we think many practitioners will find especially useful, and 2) because it will enable you to better use the resources ARMA has already collected and is building around this model. What is the IGIM? The IGIM is designed as an aid to bridge the gaps across the stakeholders who participate in an organization’s IG program. It offers a functional approach to IG, exploring the elements that need to be developed in seven key areas necessary to implementing a successful IG program. These seven key areas—steering committee, authorities, supports, processes, capabilities, structures, and infrastructure—are represented in the hive infographic and explored in more detail below. By defining these areas and the elements that must be developed in each, the IGIM helps build a common understanding and unified implementation approach that bridges people, policy, technology, etc. across these seven critical areas. Resources Supporting... Continue Reading This article is part of a collaboration between ARMA and AIEF and is included in Information Management Magazine, ARMA-AIEF Special Edition, which will be available for download in November. A printed version of the special issue will be available as well, for a nominal fee. Documentation the Emblem of Modern Society? Documentation is a central feature of the contemporary world. We are immersed in documents in nearly every sphere of life and constantly engage with them. Our lives, in many ways, are “document-pervaded.”[i] Documents are created, deployed, and used to help us communicate, organize, control, discipline, monitor, and represent many aspects of information, institutions, and individuals. We have a seemingly inherent need to record our lives into diverse kinds of documents that, in turn, we increasingly depend upon to interpret, understand, navigate, and shape the world around us. This need for and dependence upon documentation is arguably the signature cultural technique of our time; or put differently, documentation is the emblem of modern society.[ii] Most institutions – governmental and corporate, public and private – rest and rely upon documentation to enable and facilitate their activities, operations, transactions, and other functions. Documents are the lifeblood of institutions.[iii] Most institutions are “unthinkable,... Continue Reading This article is part of a collaboration between ARMA and AIEF and is included in Information Management Magazine, ARMA-AIEF Special Edition, which will be available for download in mid-November. A printed version of the special issue will be available as well, for a nominal fee. Introduction Artificial intelligence (AI) promises wide-ranging benefits for society, but it also poses a host of ethical challenges, such as racial and gender bias, liability for harms caused by AI systems, inequality, economic dislocation, and others. The risks and harms posed by AI will have to be addressed at a societal level and at an organizational level. Records management should have a role in addressing some of the risks posed by AI given its mission of creating reliable records and its ethical core value of promoting accountability. For years, records management has been helping organizations address emerging legal and ethical challenges such as information privacy, compliance, and eDiscovery. It has expanded its scope, methods, and capabilities to encompass what is now called information governance. In order to address the AI-based issues that organizations will face, the records profession will (1) need to identify the types of problems it is best positioned to address and (2)... Continue Reading Most information management (IM) professionals would agree that well-written policies are clear and concise. Too often, though, the policies are “dumbed down” because someone is afraid that maybe, somewhere, some individual in the organization might not be familiar with one of the technical words used in the policy. The logic is that if one person doesn’t understand the policy as worded, that lack of understanding would be a terrible thing. The result of such caution is either (1) a policy that’s written in such general terms as to be meaningless to the professional, or (2) a policy that’s so bloated with explanatory text that it’s the opposite of “concise.” On the surface, we have a contradiction. Making text “clear” often entails using more words, whereas making it “concise” is about using fewer words. This apparent contradiction is the result of a fundamental misunderstanding: the failure to differentiate a policy document from the guidance document that explains it. Let’s start with some examples outside the world of IM, to make the distinction easier to see. Policy vs. Guidance Document: Income Tax So far, you’ve likely managed to file your annual income tax return each year without having to read the Income... Continue Reading What Can We Learn About the IG Profession from the ARMA InfoCon 2020 Taxonomy Taxonomies can tell us a lot because they’re a reflection of what they organize. Last year, the ARMA team developed a taxonomy to apply to our ARMA InfoCon conference sessions, to make it easier to navigate our myriad of sessions. Since a taxonomy is a reflection of what it organizes, in this case we’re reflecting our profession. We’ve found our ongoing taxonomy development to be incredibly intriguing and informative. Now, many of the terms in our taxonomy represent common themes Read Article How the Pandemic Can Affect IG in Positive Ways We are in the midst of some major societal changes because of this pandemic. Whether you are struggling with staying at home or struggling with having to go to work, one thing is sure — we are all learning new ways to work with the resources we have. I see two big shifts that could impact the way corporations see and leverage information governance (IG): 1) The pandemic has made us more aware of our individual need for privacy and Read Article Sanctions for the Loss of Ephemeral Messaging ARMA is pleased to provide access to an article originally published on BloombergIndustry.com. Just how “ephemeral” are so-called ephemeral messages?  In this article, former United States magistrate judge Ronald J. Hedges and Gail Gottehrer explore issues surrounding the potential for spoliation sanctions under Fed. R. Civ. P. 37 (e) for loss of ephemeral messages and lay the foundation for why eDiscovery and information governance best practices need to be extended to address this popular method of communication. Click here to Read Article Antiquated Policy Wording: Part 4 — The Problem with “Should” This is the final article of a four-part series on drafting requirements in IM policies, looking at the problems of using the words “must,” “may,” and “should.” Of the three modal verbs discussed in this article, “should” suffers the worst identity crisis. It is the most versatile of the terms, which really means that it is the most ambiguous. Part 1 Part 2 Part 3 Part 4 In traditional policy wording, writers use “should” to indicate a strong recommendation. Consider Read Article Antiquated Policy Wording: The Problem with “May” This is the third article of a four-part series on drafting requirements in IM policies, looking at the problems of using the words “must,” “may,” and “should.” The word “may” suffers from the same deficiencies as “must,” discussed in Part 2. It often creates ambiguity around which element is actually optional. Worse, it masks whether the permission being granted is actually an entitlement, an eligibility, or a discretionary power. Part 1 Part 2 Part 3 Part 4 In traditional policy Read Article Antiquated Policy Wording: The Problem with “Must” This is the second article of a four-part series on drafting requirements in IM policies, looking at the problems of using the words “must,” “may,” and “should.”(Read Part 1 here.) In traditional policy wording, writers use “must” to indicate that a requirement is mandatory, for example: Part 1 Part 2 Part 3 Part 4 When the fire alarm rings, employees must exit the building. The word “must” in this statement creates an obligation on one or more people. We can Read Article Antiquated Policy Wording: “Must,” “May,” and “Should” This article is the first of a four-part series on drafting requirements in IM policies, looking at the problems of using the words “must,” “may,” and “should.” Part 1 — Overview The traditional use of “must,” “may,” and “should” when drafting policy requirements is problematic. It’s time to modernize our approach to making rules and drop those terms completely. The conventional approach to indicating the relative strictness of these three words can be summarized as follows: Part 1 Part 2 Read Article Management of Public Records and FOI: Closing the Gaps in Responsiveness Records managers around the world are likely familiar with freedom of information (FOI) laws in their respective countries, especially when considered at the national or federal levels. But recent research concerning local, municipal-level compliance with these laws holds important lessons, especially for records managers who work in the public sphere. This new research shows that local compliance with FOI laws is inadequate, subject to manipulation, and influenced by legal and political factors. In the United States, the federal Freedom of Read Article What IG Professionals Should Know About the Internet of Bodies Welcome to the Age of the Internet of Bodies A company in Wisconsin had a “chipping party” in 2017 to implant microchips in some of its employees to make it easier for them to access the buildings and systems and to buy food in the company break room.[1] Those employees joined a growing number of workers in other countries – Belgium, the UK, and Sweden, to name a few – who use microchips for workplace security, convenience, and commuting. Microchips Read Article Good Policy Statements Don’t Micro-manage Instructions in a policy statement that amount to micro-management confuse rather than clarify the requirements. I’m sure you’ve seen them – policy statements so detailed that they list the steps required. Take the following example, excerpted from a real policy (as are the others below): Business areas must set aside time every year to review their classification structure for currency and accuracy. Can you see the micro-management there? The outcome that we want is to receive feedback annually from each Read Article Pentagon’s Warning on DNA Testing is Applicable to all Consumers On December 23, Yahoo News[1] reported on a Department of Defense memo[2] warning military personnel that using direct-to-consumer (DTC) DNA testing could pose “personal and operational risks.” Notably, in its opening paragraph, the missive cites “unintended security consequences and increased risk to the joint force and mission.” In other words, the Pentagon is concerned about hostile entities using such biometric data to better surveil and track the military. Two paragraphs later, this point is made more clearly: “[T]here is increased Read Article Introducing the Information Governance Implementation Model (IGIM) This year, ARMA International released the Information Governance Implementation Model (IGIM), beta version. There are, of course, other information governance (IG) models available to the community, each looking at IG through a different lens. Why should you take the time to look at yet another model? At the highest level: 1) because the IGIM offers an implementation-focused approach that we think many practitioners will find especially useful, and 2) because it will enable you to better use the resources ARMA Read Article Cloud, Intelligent Content Services, and Digital Fragility: What’s on the RIM Horizon for 2020 Highlights of the Forrester Research and ARMA International Records Management Online Survey, Q4 2019 2019 marks ten years since ARMA International and Forrester Research first surveyed records and information management (RIM) decision-makers to understand the key trends and challenges facing the profession. Dozens of respondents from around the world shared their perspectives in the survey that ran in September-October 2019. Here is a quick summary of the respondents’ profile: North America once again dominates the survey responses, with U.S. participants Read Article Do You Have the Right Stuff to Transition to Information Governance? In the late 1950s, the United States invited its top test pilots to apply to become the nation’s first astronauts. As memorialized in the book The Right Stuff, test pilots then had to decide whether to transition into an uncertain-yet-vaguely-familiar new career or continue along their present path. Some made the move and became famous; others didn’t, and many of them faded into history. If you are in the records space today, then you are standing at a similar crossroads. Read Article The Challenge of Balancing Information Access Demands and Risk Management Throughout the Information Lifecycle As consumers, we have become accustomed to having information on just about everything available at our fingertips. That expectation has carried over into the workplace, too, where our employees, customers, and business partners alike have an increasing expectation and need for near-instantaneous access to information. Balancing these access needs against the requirements to manage information compliantly and to make sure it does not fall into the wrong hands can be a challenge, and it is a challenge that must be Read Article Discovery Dispute Comes to a Head in Theranos Case A discovery dispute in the criminal prosecution of Elizabeth Holmes and Ramesh Balwani serves as a reminder of the importance and challenge of keeping your e-discovery house in order. It seems even federal prosecutors and agencies sometimes fall short of the mark, too. On November 4, Ethan Barron of Mercury News reported on a discovery dispute between defense attorneys and federal prosecutors concerning the adequacy of the prosecution’s production (“Theranos case: Judge to set hard deadline as lawyers bicker over Read Article Have You Considered Tone of Voice? When we review an old information management policy to see if it needs updating, what do we look for? Too often an organization will revise the operative content but fail to update the tone of voice. Obviously we check for accuracy to make sure the policy statements still reflect the current decisions of the organization, the references are all valid, and so on. We also check for policy alignment to make sure we aren’t repeating statements now found elsewhere. We Read Article Summary Blockchain Technology and Recordkeeping This article summarizes a report published by AIEF on May 30, 2019. Additionally, the article is included in Information Management Magazine, ARMA-AIEF Special Edition, which will be available for download in November. A printed version of the special issue will be available as well, for a nominal fee. Blockchain is often defined as ledgers with entries organized in an append-only, sequential chain using cryptographic links and distributed out and stored on a peer-to-peer computer network. It’s an emerging recordkeeping technology Read Article Take the IG Maturity Index Survey Take the IG Maturity Index Survey Now There is still time to participate in the Information Governance (IG) Maturity Index Project. Does your organization have the necessary elements in place to implement a successful information governance (IG) program? Is your organization leading or falling behind others in your industry? Are there gaps in your IG program? Find out by completing a short survey and help us build the IG Maturity Index. (The survey has eight substantive questions plus a few Read Article Documentation Theory for Information Governance This article is part of a collaboration between ARMA and AIEF and is included in Information Management Magazine, ARMA-AIEF Special Edition, which will be available for download in November. A printed version of the special issue will be available as well, for a nominal fee. Documentation the Emblem of Modern Society? Documentation is a central feature of the contemporary world. We are immersed in documents in nearly every sphere of life and constantly engage with them. Our lives, in many Read Article AI, Records, and Accountability This article is part of a collaboration between ARMA and AIEF and is included in Information Management Magazine, ARMA-AIEF Special Edition, which will be available for download in mid-November. A printed version of the special issue will be available as well, for a nominal fee. Introduction Artificial intelligence (AI) promises wide-ranging benefits for society, but it also poses a host of ethical challenges, such as racial and gender bias, liability for harms caused by AI systems, inequality, economic dislocation, and Read Article Summary Industry in One: Financial Services This article summarizes a report published by AIEF on June 26, 2019. Additionally, the article is included in Information Management Magazine, ARMA-AIEF Special Edition, which will be available for download in mid-November. A printed version of the special issue will be available as well, for a nominal fee. The scope of a records and information management (RIM) program in financial services can seem overwhelming. Compared to other industries, the complexities of managing records and information in financial services are arguably Read Article Summary Retention of Accounting Records:  A Global Survey of Laws and Regulations This article summarizes a report published by AIEF on June 3, 2019. Additionally, the article is included in Information Management Magazine, ARMA-AIEF Special Edition, which will be available for download in mid-November. A printed version of the special issue will be available as well, for a nominal fee. This article summarizes the findings of a global survey of legal retention requirements for accounting records, a category of recorded information that is created and maintained by virtually all companies, government agencies, Read Article ARMA, AIEF Collaborate for Special Edition of IM Magazine ARMA International and the ARMA International Educational Foundation (AIEF) are pleased to announce their collaboration on Information Management Magazine, ARMA-AIEF Special Edition, published in mid-November. Download the free PDF format. Purchase in print format. The special edition, which is available for free download or can be purchased in print format, contains summaries of three AIEF-sponsored research reports on the topics of (1) retention of accounting records around the globe; (2) blockchain technology and recordkeeping; and (3) RIM in the financial Read Article Anonymization Pseudonymization as Tools for Cross-Border Discovery Compliance Introduction Companies that conduct business internationally, and their lawyers, today face a significant challenge balancing U.S. discovery demands against the requirements of Europe’s General Data Protection Regulation (GDPR). Most U.S. courts and investigators expect parties that are involved in litigation or investigations to comply with requests for potentially relevant documents in their possession, custody, or control, regardless of whether the documents are located within or outside the United States. However, the data privacy and data protection rules of many countries Read Article Sponsored Content: Microfilm in The Digital World Bringing the best technology to the full life cycle of microfilm, e-ImageData’s ScanPro® line of microfilm scanners moves you into the digital world with speed and economy. Today, in this digital age, users expect information to be easily and quickly accessible. Information on microfilm is no exception. So, it is no surprise that the focus today is to convert those trillions of stored microfilm records to a digital format to make it possible to quickly locate the information and immediately Read Article New Cohasset/ARMA Benchmarking Report Says ‘We Aren’t There Yet’ ARMA International and Cohasset Associates are excited to announce the 2019 Information Governance Benchmarking Report. In 1999, Cohasset Associates launched the survey, which has tracked the evolution of the information profession over the past two decades. In that time, more than 14,000 respondents have helped chronicle the evolution to information governance (IG). On its title page, the newly released edition of the Information Governance Benchmarking Report asks this question: “Are we there yet?” The answer, according to Carol Stainbrook, executive Read Article Eisen’s Book on Rule-Writing Delivers on its ‘How-To’ Promises Usually I pick up a how-to book only if it’s in the way of a book I want to read, but Lewis S. Eisen’s How to Write Rules That People Want to Follow (Pixley Press) conquered my bias rather quickly. Here are four reasons I’d recommend the book to anyone in the workplace: First, the topic is fresh and pertinent. Few would argue against his view that rules too often sound crabby and aggressive and are frequently unclear. In the Read Article Will Google Play Fair in the Privacy Sandbox? On August 22, Justin Schuh, a director on Google’s Chrome Engineering team, introduced the company’s plans for a “privacy sandbox,” a colorful title for its initiative that purports to strengthen web privacy. The news appeared on Google’s blog in an article titled “Building a more private web.” According to Schuh, the need for a privacy sandbox stems from certain data practices that “don’t match up to user expectations for privacy.” He suggests that when other browsers allow the blocking of Read Article Can Information Management Policies Be Both Clear and Concise? Most information management (IM) professionals would agree that well-written policies are clear and concise. Too often, though, the policies are “dumbed down” because someone is afraid that maybe, somewhere, some individual in the organization might not be familiar with one of the technical words used in the policy. The logic is that if one person doesn’t understand the policy as worded, that lack of understanding would be a terrible thing. The result of such caution is either (1) a policy Read Article Managing Legacy Paper Files in the Digital Era Addressing your organization’s legacy paper files and capturing them in your digital information ecosystem may feel like a daunting task. As discussed in our recent white paper, capture is the first step in the information lifecycle and is essential for achieving digital transformation and enabling the strategic alignment of information activities envisioned by information governance (IG). Paper files are effectively “dark,” inaccessible to your organization’s digital information ecosystem until they are captured through scanning, either imaging or digitization.1 Download the Read Article Sorting Through the Whirlwind of News on the Proposed Equifax Settlement and Capital One Breach On July 22, 2019, the Federal Trade Commission (FTC) announced that it had reached a proposed settlement with Equifax in connection with a 2017 data breach that exposed sensitive, personal data of around 147 million people. According to the FTC’s press release, the data breach included “names and dates of birth, Social Security numbers, physical addresses, and other personal information that could lead to identity theft and fraud.” (See FTC press release Equifax to Pay $575 Million as Part of Read Article Concerns Over FaceApp Remind Us That Users May Not Fathom the Permissions They Grant Apps Geoffrey A. Fowler, tech columnist for the Washington Post, opens his July 17 article with a question that’s pertinent to millions of app users: “When an app goes viral, how can you know whether it’s all good fun — or covertly violating your privacy by, say, sending your face to the Russian government?” In an email response, the founder of Russian-based FaceApp answers Fowler’s question: Yaroslav Goncharov asserts user data is not transferred to Russia. But should Russian servers even Read Article A Pair of Foundational Concepts The following is an excerpt from the ARMA Guide to the Information Profession. Words matter and word choices matter. In any profession that is looking to move forward in maturity, there are often vernacular issues that make gaining a comprehensive understanding of the profession a challenge. This is one of the reasons bodies of knowledge are so incredibly helpful: they help to clarify the vocabulary of a profession. ​The information profession is filled with confusing terms, misused terms, and confusing Read Article Goals of New Canadian Digital Charter Include Assuring Privacy, Eradicating Hate Online Multiple news outlets are reporting on Canada’s new digital charter, which comprises 10 principles that are based on Canadian values that should guide all future government policies, legislation, and programs. When introducing the charter late last month, Navdeep Bains, minister of Innovation, Science, and Economic Development, emphasized that data will drive business in the new digital economy. But he also noted that privacy, security, and “trust” are fundamental priorities, suggesting that Canadians must be able to trust their information is Read Article Why Are Businesses Opting for Edge, AI, and IoT – and Are They Wise to Do So? Edge computing is increasingly associated with at least two “trending” terms in the IT and information arenas: Internet of Things (IoT) and artificial intelligence (AI). Broadly speaking, the term refers to computing that’s done at or near the source of the data. Today, a great percentage of data is stored in the cloud and may therefore be located continents away. These great distances can result in delays in computing, which can impact an organization’s capacity to optimally analyze and leverage Read Article Attorneys Respond to Delaware Court’s Affirmation That Emails and Texts May Constitute Corporate Books and Records In reporting on recent actions in the Delaware courts, WilmerHale attorneys Stephanie C. Evans and Alan J. Wilson remind organizations to carefully manage all evidence of communications among boards and directors, whether it comes in traditional formats or through less formal media. Writing for Mondaq, the attorneys note that several court actions this year in Delaware have clarified the scope of the Delaware General Corporation Law, Section 220, which gives stockholders and directors the right to demand access to an Read Article IG Exec Has Learned From Failures, Says IG Success Requires C-Suite Presence Aaron Bryant, chief IG officer at the Washington State Department of Health, recently provided CIODive.com with an account of the lessons he’s learned in his 14 years as a leader of IG programs and the keys to finding IG success. Bryant, also a faculty member of the Compliance, Governance, and Oversight Council (CGOC), concedes that most information pros know by now that IG success relies on close coordination among stakeholders, but he warns that “operationalizing this can be challenging.” Too Read Article Judge’s Ruling May Provide Clues to the Outcome of Employee’s ‘Dropbox’ Privacy Suit Earlier this year, a judge from the Western District of Pennsylvania acted on behalf of employee privacy rights when she partially denied a public employer’s motion to dismiss a suit that accused it of violating the plaintiff’s Fourth Amendment rights. As summarized on Mondaq.com, Elizabeth Frankhouser, an employee of an educational facility, used her personal Dropbox account to store personal and workplace data. Hence, a link to Dropbox was on her workplace screen, though no data contained in the account Read Article As it Nears its First Anniversary, the GDPR Gets Predictably Varied Reviews Later this month, the EU’s General Data Protection Regulation (GDPR) will mark its one-year anniversary, and multiple news outlets are chiming in with commentary on the impact of the landmark law. Legaltechnews, for instance, reports on an IAPP Global Privacy Summit session in which a European data protection official and others reviewed the law’s first year and forecasted what might come next. Among her comments, Andrea Jelinek, the European Data Protection Board chair and Austrian Data Protection Authority director, noted Read Article How to Break the Mold of Negativity Around IM Policies Most people associate IM policies with notions like requirements and restrictions. Those connotations are unfortunate because that’s not what writing rules is about. Written properly, rules are primarily about getting clarity and about target setting. No matter what the field — IM, IT, Security — rules are about helping people do the right thing. The negative connotations are understandable, though, given the tone of voice of many policy documents. Often organizations claim to hold “respect for others” as a core Read Article Mapping Document Management Processes (Leveraging an Information Lifecycle) (The following is an excerpt from an ARMA White Paper "Reviving Document Management: How the Knowledge and Experience of Document Management Can be Leveraged for Organizational Improvement", sponsored by Access.) Processes around documents must mirror the processes around all organizational information. A consistent lifecycle for all information in an organization must be applied, with room for the unique nuances of document management to assert themselves. For this consistency across systems and classes of information (including documents), one should leverage an Read Article Establishing a Collaboration Process to Bolster Knowledge Management Collaboration: interacting with peers and colleagues to exchange ideas, share experiences, work together on projects, and solve problems. Work teams, project teams, and communities need a consistent way to share their knowledge, coordinate their activities, and communicate with one another. Providing a process for collaboration enables basic functions such as document and photo libraries, file sharing, membership rosters, lists, discussions, polls and surveys, calendars, meeting sites, and links. Making this process a standard ensures that there is a consistent way Read Article Mind Tools for Managers: A Crash Course in Effective Management Skills Mind Tools for Managers: 100 Ways to Be a Better Boss focuses on identifying the complete list of skills that managers can master to be better leaders in their organizations. The authors provide working professionals with practical advice for these competencies – such as the ability to adequately cope with change and stress – and they direct their readers to an accompanying website where they can access such external resources as videos, skill-building articles, and worksheets. Key topics from this Read Article ARMA Q A: GDPR Regulations and Electronic Records Question: "What are the GDPR regulations for personal data in electronic records such as social media, video, and instant messages?" Answer: Since May 28, 2018, the General Data Protection Regulation (EU) (2016/679) (GDPR) has been in force. The GDPR is not new; it is an updated replacement for the now repealed Data Protection Directive (1995/46/EC). Article 3 of the GDPR states that it applies to the processing of personal data by a controller or a processor, whether inside or outside Read Article Utah to Become Leader in Digital Privacy The Utah legislature just passed landmark legislation in support of a privacy law that protects private electronic data stored with third parties (like Google and Facebook) from free-range government access. Molly Davis, in an opinion piece on Wired.com, applauds the move: “Prosecutors and law enforcement may argue they need the power of data collection to protect the public from potential criminals. But individual liberty protections are far more important than perceived safety risks. If there is a legitimate safety concern Read Article Alexa, Fix My Records! A Look at AI in the Information Profession To many people, “artificial intelligence” is a bit of an oxymoron. It is the suggestion that we can create something that then can be creative on its own. If intelligence is the ability to acquire and apply knowledge and skills, requiring a measure of judgement and reasoning, can we create such a thing through mechanical or digital means? Some scholars suggest that artificial intelligence (AI) isn’t intelligence at all, but rather an advanced machine skill-set that is mathematically driven and Read Article The Next Internet: Will it Serve the Public’s Interest? The Next Internet has arrived. The Internet of previous years has been replaced by a new iteration that is profoundly changing the digital landscape. In Becoming Digital: Toward a Post-Internet Society, Vincent Mosco introduces the Next Internet by analyzing the three pillar technological systems that constitute it, namely cloud computing, big data analytics, and the Internet of things. The central argument is that these three pillar technological systems “comprise an increasingly integrated system that is accelerating the decline of a Read Article Migrating Legacy Records – a Case Study Organizations that maintain electronic records systems may at some point need to undertake either a records conversion or migration to address software obsolescence. This article discusses how the Calgary Police Service’s (CPS) records and information management (RIM) and information technology (IT) teams collaborated to ensure that nearly four million criminal case file records stored in its legacy system – a system used for more than 40 years – were successfully migrated to a new, off-the-shelf records management system (RMS). Migrating Read Article ARMA President-Elect Says Expanded California Privacy Bill ‘Ups the Ante’ for IG California Attorney General Xavier Becerra endorsed a bill last week that expands the state's new privacy act to permit consumers to sue companies over their handling of personal data. The privacy law that was passed in 2018 gave consumers the right to sue only in the case of a data breach. The new bill allows them to sue over any violations. Becerra acted against the wishes of tech lobbyists, according to Reuters. Jason Stearns, ARMA’s president-elect, says the expansion of Read Article Beyond Compliance: Eight Steps for Using Privacy By Design to Develop a Privacy Program Governments globally are passing strict information privacy laws and regulations, and organizations are being hard-pressed to comply with them or suffer stiff penalties. Using the principles of Privacy By Design, organizations can design a privacy program to meet this challenge. Mandatory privacy breach reporting. Privacy impact assessments. Access to information requests. The right to be forgotten. If these terms, which pop up in regulations like the European Union’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act, and Canada’s Read Article Why Information Architecture is Vital to Information Governance Whether you are migrating petabytes of content from an obsolete enterprise content management (ECM) platform to a modern content management system (CMS) or just looking to make your intranet less awful, it’s time to get started with information architecture (IA). You know that information volumes, varieties, and velocities are ever increasing in today’s fast-paced digital world. This has created a growing urgency in not only managing all our content and data, but in actually governing it. Organizations need to intelligently Read Article Professionals in Data Collection and Management Will Find Value in New Edition of ‘Fundamentals’ Reviewed by Ana Rosa Blue TITLE: Fundamentals of Collection Development and Management, Fourth EditionAuthor: Peggy JohnsonPublisher: ALA EditionsDate: 2018Length: 432 pagesPrice: $85.00 | ALA Members: $76.50ISBN: 13 978-0-8389-1641-4 (softcover)Source: ALA Store Peggy Johnson describes her book Fundamentals of Collection Development and Management (fourth edition) as “a comprehensive introduction for students, a primer for experienced librarians with new collection development and management responsibilities, and a handy reference resource for practitioners as they go about their day-to-day work.” Indeed, those tasked with Read Article Master Leader or Master Servant? Fellows Forum Starting with his role as a team captain on the football field, Dave McDermott set out to become a good leader. From that experience, his father, workplace mentors, and an enlightening book he learned that a successful leader has to serve those he is leading, being willing to “pick up a broom and sweep floors right along the side of the people he or she is responsible for.” Many, many years ago I was fortunate enough to be Read Article Isaza Responds to Illinois Supreme Court Ruling on Biometric Privacy In January, the Illinois Supreme Court ruled an individual does not have to plead an actual injury or harm, apart from the statutory violation itself, in order to sue under the Illinois Biometric Information Privacy Act (BIPA), as reported by Jeffrey Neuburger of Proskauer. The long-awaited decision stems from Rosenbach v. Six Flags Entertainment Corp. According to Neuberger’s account, because the BIPA statute does not define “aggrieved,” many legal arguments and amicus briefs have tried to influence the Court as Read Article Legalweek 2019 Kicks Off With Former United States Attorneys General Loretta Lynch and Alberto Gonzalez Focused On Cybersecurity Two former U.S. Attorneys General helped kick off Legalweek 2019 by sharing their thoughts on such pressing issues as cybersecurity, privacy, civil rights, and more. Former attorneys general Albert Gonzalez and Loretta Lynch spoke frankly in a discussion attended primarily by attorneys and moderated by ALM’s Molly Miller. (ARMA International, a track sponsor of Legalweek 2019, was represented in the audience as well.) Miller, the chief content officer for ALM, asked Gonzalez and Lynch to describe what the U.S. government Read Article Dropbox Buys Hello Sign, Adds its Coveted Workflow Capabilities Dropbox has announced its acquisition of HelloSign, an organization that provides document workflow and e-signature services. Whitney Bouck, COO of HelloSign, told ARMA International that the company is “thrilled to be joining the Dropbox family.” She said, “With so many similarities between our products, business models, and cultures, it’s a natural fit. This move will accelerate our mission to give customers a better way to get work done.” Quentin Clark, Dropbox’s senior vice president of engineering, told TechCrunch that the Read Article Google Is Fined $57 Million, First Major Penalty Under Europe’s Data Privacy Law The New York Times was among the many sources recently reporting that the French data protection authority fined Google about $57 million for “not properly disclosing to users how data is collected across its services – including its search engine, Google Maps and You Tube – to present personalized advertisements.” It’s the largest penalty given for violating the General Data Protection Regulation (GDPR). According to the Times, it “shows that regulators are following through on a pledge to use the Read Article Stuck in Rewind? Dynamic E-Discovery for Cloud Data An array of new cloud-based digital sources has emerged across the corporate landscape: chat tools, collaboration platforms, cloud productivity suites, and more. Programs like Slack, Office 365, and Salesforce bring many new and exotic challenges to corporations trying to organize, control, and produce data from these programs, and e-discovery can be particularly daunting when wrestling with the unique characteristics of this data. In many cloud-based platforms, documents are saved approximately every 30 seconds to ensure that the user’s working data Read Article Information Governance Body of Knowledge Published Published on Oct. 22, the Information Governance Body of Knowledge (IGBOK) provides information governance (IG) stakeholders – information management, information technology, legal, risk/compliance, privacy, security, and business unit heads – the clear, concise, and practical guidance they need to govern their organization’s information assets effectively. Filled with strategic advice, policy guidance, “how to” processes, and valuable templates, IGBOK was developed by a group of subject matter experts representing the IG stakeholder groups; collectively, this group has more than 500 years Read Article Association News: Fellows, Britt Literary, Other Winners Named at ARMA Live! 2018 The following award winners for the last fiscal year (July 1, 2017, to June 30, 2018) were announced at ARMA International’s 63rd Annual Conference Expo in Anaheim, California, in mid-October. Company of Fellows ARMA International’s highest recognition is to be named to its Company of Fellows. This award honors ARMA members who have distinguished themselves through outstanding achievements and contributions in information management, as well as through noteworthy accomplishments in all levels of the association. This year’s two inductees Read Article To Improve Your Information Systems, You Must Understand the Architecture Information Systems: Process and PracticeEditors: Christine Urquhart, Faten Hamad, Dina Tbaishat, and Alison YeomanPublisher: Facet PublishingPublication Date: December 2017Length: 288 pagesPrice: $89ISBN: 978-1783302413 In Information Systems: Process and Practice, Christine Urquhart and a group of highly respected researchers study the concept of information architecture (IA) within information systems (IS) management. The book explores how IA can help library science and other information professionals meet the challenges of today’s technology-driven world and capitalize on the power of data management. Two Areas Read Article New Edition on Metadata Use Provides Tutorial Metadata for Information Management and Retrieval: Understanding Metadata and its Uses, 2nd ed.Authors: David HaynesPublisher: Facet PublishingPublication Date: 2018Length: 288 pagesPrice: $69ISBN: : 978-I-85604-824-8Source:alastore.ala.org As part of my activities as a records manager and archivist, I regularly collect and create metadata without articulating my philosophy about doing so or possessing great expertise in either activity. This book encourages reflection on how and why we use metadata. It is aimed at information professionals in museums, libraries, and archives, as well as Read Article U.S. Seeks a New Start to Talks on Global Cybersecurity Practices Cyberscoop.com reports that at the recent United Nations (U.N.) session, White House officials gauged interest in restarting talks on global cybersecurity norms. Such negotiations crumbled in 2017 because of acrimony among certain countries, reportedly due to disagreements between Washington and Moscow and others over the right to self-defense in cyberspace. In a recent meeting with agents from some 20 U.N. countries, U.S. Deputy Secretary of State John J. Sullivan encouraged renewing the conversation at the U.N. Group of Governmental Experts Read Article Proposed NAFTA Replacement Recognizes Need For Privacy Framework Recently the United States, Mexico, and Canada proposed a new trade pact to replace the North American Free Trade Agreement (NAFTA). According to the HuntonPrivacyBlog, the new pact recognizes “the economic and social benefits of protecting the personal information of users of digital trade” and will require the three nations to “adopt or maintain a legal framework that provides for the protection of the personal information of the users[.]” This framework, according to the Hunton blog, should include such principles Read Article Wendy s Sued for Mismanagement of Employee Fingerprints As reported by ZDNet.com, a class-action lawsuit has been filed in Illinois that claims Wendy’s restaurant chain has broken state laws by improperly storing and managing employee fingerprints. The complaint centers on Wendy’s practice of using biometric clocks that scan fingerprints when employees arrive at work, when they leave, and when they use the point-of-sale and cash register systems. The suit contends that Wendy’s breaks the Illinois Biometric Information Privacy Act (BIPA) because the company doesn’t inform its employees how Read Article California Consumer Privacy Act Is Work in Progress, Says Attorney In a recent piece on Information-Management.com, Matthew Nelson, an attorney with DiscoverReady LLC, says the 2018 California Consumer Privacy Act (CCPA) is constantly evolving, evidenced by the September passing of Senate Bill 1121, which serves rather like an amendment to the CCPA. Nelson says because of SB-1121, consumers bringing a private right of action no longer must notify the attorney general. Further, organizations no longer must disclose on their website or in their online privacy policy that a consumer has Read Article Q A: Fingerprint Security Question: With fingerprint security technology now used in so many businesses for secured door access, what category does it fall under (e.g., personally identifiable information)? How is the data deleted upon employee termination? Answer: Fingerprint information falls under a type of record referred to as biometrics. These questions bring up several facets of biometric recordkeeping: use, retention, and governance. Biometric Information Uses In addition to being used for secured door access, fingerprints are used routinely in the workplace for timeclock Read Article Big Bucket Retention: Objectives, Issues, Outcomes Fifteen years after its introduction by the U.S. National Archives and Records Administration as a strategy for improving federal agencies recordkeeping performance, the big bucket approach to record retention is in common use. This article summarizes an interview-based study of the objectives, issues, and outcomes of current big bucket retention initiatives in 14 organizations. The study was conceptualized and underwritten by the ARMA International Educational Foundation, www.armaedfoundation.org A traditional retention schedule provides a detailed enumeration – sometimes described as a Read Article Blockchain Redux Cracking the Code on Cryptocurrencies This article focuses on a facet of blockchain – cryptocurrencies – which are also known as virtual currencies, crypto coins, digital assets, or digital coins. In the November/December 2017 issue of Information Management, author Victoria L. Lemieux provided a SWOT analysis of blockchain recordkeeping, a groundbreaking electronic ledger technology. Deployed for decentralized, secure recordkeeping, its uses continue to be explored and include purposes such as health care, (e.g., electronic medical records), government records management (e.g., deed recording,), and legal services Read Article Lost in the Clouds: Liability for Personal Information Breaches This article summarizes several U.S. Court decisions regarding liability in breaches of personal information collected by third-party service providers on the behalf of other organizations. This is just one aspect of a study of information management-related cases that was solicited by the ARMA International Educational Foundation and underwritten by the ARMA Metro New York City Chapter; it is available at armaedfoundation.org. Organizations have a penchant for capturing increasingly large amounts of information and storing it in distributed systems (i.e., computer Read Article Report Says Healthcare Insiders Pose Greatest Data Security Threat A Verizon report suggests that nearly 60% of data security incidents at healthcare organizations are caused by insiders, according to an article on Law.com. The “Protected Health Information Data Breach Report” implies that healthcare is the only industry in which internal players are the greatest threat to an organization’s data security. The study reviewed 1,368 security incidents involving patient medical records in 27 countries. It included confirmed breaches and security incidents in which data was at risk but not confirmed Read Article Norway Plans 1,000-Year Digital Archive for Everything ZDNet.com reports that near the Arctic Circle, experts at the National Library of Norway’s (NLN) secure storage facility are implementing an astonishing plan for digitizing everything ever published in Norway: books, newspapers, manuscripts, posters, photos, movies, broadcasts, and maps, as well as all websites on the Norwegian domain. The work was begun 12 years ago and will likely take 30 years to complete. According to the article, the library has more than 540,000 books and 2 million newspapers in its Read Article Canadian Government Is Improving its Cybersecurity Eweek.com reports that the government of Canada is taking an active, aggressive strategy to defends its networks from cyber attacks. In October, Scott Jones, head of the Canadian Centre for Cyber Security at the Canadian Security Establishment (CSE), summarized the steps being taken and how individuals and organizations can benefit from the same approach. “Every day, the CSE blocks hundreds of millions of malicious activities directed at the government of Canada... We decided to break the cycle and make it Read Article Facebook Says Breach Affected About 50 Million Accounts As widely reported, the mid-September Facebook data breach may have affected nearly 50 million accounts. Bloomberg.com refers to it as “the latest in a series of missteps that are undermining confidence in the company’s social network and business model.” In a statement, Facebook said it has fixed the breach, which had let hackers take over accounts. The accounts of Chief Executive Officer Mark Zuckerberg and Chief Operating Officer Sheryl Sandberg were among those targeted by the hack, according to Bloomberg. Read Article Gartner Foresees the End of On-Premises ECMs in 2019 A recent Gartner Inc. report predicts the current enterprise content management (ECM) market will “devolve into purpose-built, cloud-based content solutions and solution services applications.” According to an article on idm.net.au, the Gartner study finds that organizations are increasingly adopting cloud solutions rather than on-premises ECMs. Software as a service (SaaS) remains the biggest segment of the cloud market, with global revenue predicted to grow 17.8% to reach $85.1 billion in 2019. “The increasing adoption of SaaS applications and other cloud Read Article New California Laws Ask IoT Makers for Security Features California Gov. Jerry Brown has signed two bills that are designed to make manufacturers of Internet-connected devices more responsible for ensuring the privacy and security of Californians, as reported on GovTech.com. The bills require manufacturers to equip connected devices with a “reasonable security feature or features” that are appropriate to their nature, function, and the information they may collect, contain, or transmit. The security features must be designed to protect the device and its information from “unauthorized access, destruction, use, Read Article GDPR Invites Collaboration, E-Discovery Panel Says As reported on Law.com, analysts and attorneys specializing in e-discovery recently suggested the EU’s General Data Protection Regulation (GDPR) may be worth embracing largely because it encourages collaboration among stakeholders and provides an opportunity to embed privacy into the discovery process. That was the view of some panelists in a session titled “International e-Discovery and Data Protection,” held at Relativity Fest 2018, an annual event that focuses on issues in legal discovery. “Eighteen months ago, there seemed to be a Read Article Sedona Conference® Explores GDPR Impact on E-Discovery Law.com reports on a web seminar hosted by The Sedona Conference® international electronic information management, discovery and disclosure working group, which looked at how e-discovery professionals and courts are subject to the EU General Data Protection Regulation (GDPR). Importantly, the panel suggested that the wide scope of what the GDPR considers to be personally identifiable information makes it probable that any EU data collection conducted by U.S. attorneys would have to comply to GDPR standards. In the data-gathering phase at Read Article Report Finds Big Increase in Cyber Attacks, Reveals 5 Top Methods TechRepublic.com cites a recent report from a security company that suggests cyber attacks continue to increase in occurrence. The report, from Positive Technologies, says that the second quarter of 2018 saw a 47% increase in cyber attacks when compared to the same period in 2017. Targeted attacks outnumbered mass campaigns, which indicates a growing sophistication among the cybercrooks. Increasingly, data theft is driving the attacks, with many criminals seeking personal data (30%), credentials (22%), and payment card information (15%). Hackers Read Article ACLU Counsel Says Be Wary of Federal Privacy Legislation In a Washington Post op-ed piece, Neema Singh Guliani, senior legislative counsel at the American Civil Liberties Union (ACLU), warns that the growing push for federal privacy legislation is bad news for consumers. Guliani cites several examples of how states are leading the efforts to protect consumer privacy, including California’s recent consumer privacy act and the Illinois law that sets limits on the commercial collection and storage of biometric data. According to Guliani, the U.S. Chamber of Commerce and lobbying Read Article We are in the midst of some major societal changes because of this pandemic. Whether you are struggling with staying at home or struggling with having to go to work, one thing is sure — we are all learning new ways to work with the resources we have. I see two big shifts that could impact the way corporations see and leverage information governance (IG): 1) The pandemic has made us more aware of our individual need for privacy and protection, and therefore more responsive to others’ needs. 2) The pandemic has pushed the growth of video communications and therefore Read Article ARMA is pleased to provide access to an article originally published on BloombergIndustry.com. Just how “ephemeral” are so-called ephemeral messages?  In this article, former United States magistrate judge Ronald J. Hedges and Gail Gottehrer explore issues surrounding the potential for spoliation sanctions under Fed. R. Civ. P. 37 (e) for loss of ephemeral messages and lay the foundation for why eDiscovery and information governance best practices need to be extended to address this popular method of communication. Click here to read Reproduced with permission. Published June 9, 2020. Copyright 2020 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bloombergindustry.com. About Read Article Cloud, Intelligent Content Services, and Digital Fragility: What’s on the RIM Horizon for 2020 Highlights of the Forrester Research and ARMA International Records Management Online Survey, Q4 2019 2019 marks ten years since ARMA International and Forrester Research first surveyed records and information management (RIM) decision-makers to understand the key trends and challenges facing the profession. Dozens of respondents from around the world shared their perspectives in the survey that ran in September-October 2019. Here is a quick summary of the respondents’ profile: North America once again dominates the survey responses, with U.S. participants at 77% and Canada at 17%.Government topped the list of vertical industries at 23%.Large enterprise – over $1 billion in Read Article ARMA International and the ARMA International Educational Foundation (AIEF) are pleased to announce their collaboration on Information Management Magazine, ARMA-AIEF Special Edition, published in mid-November. Download the free PDF format. Purchase in print format. The special edition, which is available for free download or can be purchased in print format, contains summaries of three AIEF-sponsored research reports on the topics of (1) retention of accounting records around the globe; (2) blockchain technology and recordkeeping; and (3) RIM in the financial industry. Full reports can be downloaded from the AIEF site. The special edition also includes two additional articles: one on Read Article On August 22, Justin Schuh, a director on Google’s Chrome Engineering team, introduced the company’s plans for a “privacy sandbox,” a colorful title for its initiative that purports to strengthen web privacy. The news appeared on Google’s blog in an article titled “Building a more private web.” According to Schuh, the need for a privacy sandbox stems from certain data practices that “don’t match up to user expectations for privacy.” He suggests that when other browsers allow the blocking of cookies, it actually undermines privacy “by encouraging opaque techniques such as fingerprinting.” The fingerprinting technique consists of developers harvesting small Read Article Sorting Through the Whirlwind of News on the Proposed Equifax Settlement and Capital One Breach On July 22, 2019, the Federal Trade Commission (FTC) announced that it had reached a proposed settlement with Equifax in connection with a 2017 data breach that exposed sensitive, personal data of around 147 million people. According to the FTC’s press release, the data breach included “names and dates of birth, Social Security numbers, physical addresses, and other personal information that could lead to identity theft and fraud.” (See FTC press release Equifax to Pay $575 Million as Part of Settlement with FTC, CFPB, and States Related to 2017 Data Breach, July 22, 2019.) Equifax agreed to pay between $575 Read Article Concerns Over FaceApp Remind Us That Users May Not Fathom the Permissions They Grant Apps Geoffrey A. Fowler, tech columnist for the Washington Post, opens his July 17 article with a question that’s pertinent to millions of app users: “When an app goes viral, how can you know whether it’s all good fun — or covertly violating your privacy by, say, sending your face to the Russian government?” In an email response, the founder of Russian-based FaceApp answers Fowler’s question: Yaroslav Goncharov asserts user data is not transferred to Russia. But should Russian servers even be our chief concern? Fowler’s article opens with a focus on that issue – including a link to an article Read Article Attorneys Respond to Delaware Court’s Affirmation That Emails and Texts May Constitute Corporate Books and Records In reporting on recent actions in the Delaware courts, WilmerHale attorneys Stephanie C. Evans and Alan J. Wilson remind organizations to carefully manage all evidence of communications among boards and directors, whether it comes in traditional formats or through less formal media. Writing for Mondaq, the attorneys note that several court actions this year in Delaware have clarified the scope of the Delaware General Corporation Law, Section 220, which gives stockholders and directors the right to demand access to an organization’s books and records “where a proper purpose can be demonstrated.” Importantly, the courts have affirmed that emails, text messages, Read Article The Utah legislature just passed landmark legislation in support of a privacy law that protects private electronic data stored with third parties (like Google and Facebook) from free-range government access. Molly Davis, in an opinion piece on Wired.com, applauds the move: “Prosecutors and law enforcement may argue they need the power of data collection to protect the public from potential criminals. But individual liberty protections are far more important than perceived safety risks. If there is a legitimate safety concern requiring access to a person's data, law enforcement will still be able to obtain a warrant. Without that warrant requirement Read Article ARMA President-Elect Says Expanded California Privacy Bill ‘Ups the Ante’ for IG California Attorney General Xavier Becerra endorsed a bill last week that expands the state's new privacy act to permit consumers to sue companies over their handling of personal data. The privacy law that was passed in 2018 gave consumers the right to sue only in the case of a data breach. The new bill allows them to sue over any violations. Becerra acted against the wishes of tech lobbyists, according to Reuters. Jason Stearns, ARMA’s president-elect, says the expansion of “the most significant change in the U.S. privacy landscape” heightens the need for a strong IG program within organizations. “This Read Article In January, the Illinois Supreme Court ruled an individual does not have to plead an actual injury or harm, apart from the statutory violation itself, in order to sue under the Illinois Biometric Information Privacy Act (BIPA), as reported by Jeffrey Neuburger of Proskauer. The long-awaited decision stems from Rosenbach v. Six Flags Entertainment Corp. According to Neuberger’s account, because the BIPA statute does not define “aggrieved,” many legal arguments and amicus briefs have tried to influence the Court as to its meaning. John J. Isaza, Esq, of Rimon P.C., tells ARMA International the issue is not necessarily settled: “Despite Read Article Dropbox has announced its acquisition of HelloSign, an organization that provides document workflow and e-signature services. Whitney Bouck, COO of HelloSign, told ARMA International that the company is “thrilled to be joining the Dropbox family.” She said, “With so many similarities between our products, business models, and cultures, it’s a natural fit. This move will accelerate our mission to give customers a better way to get work done.” Quentin Clark, Dropbox’s senior vice president of engineering, told TechCrunch that the workflow capabilities were integral to the acquisition: “What is unique about HelloSign is that the investment they’ve made in APIs Read Article The New York Times was among the many sources recently reporting that the French data protection authority fined Google about $57 million for “not properly disclosing to users how data is collected across its services – including its search engine, Google Maps and You Tube – to present personalized advertisements.” It’s the largest penalty given for violating the General Data Protection Regulation (GDPR). According to the Times, it “shows that regulators are following through on a pledge to use the rules to push back against internet companies whose businesses depend on collecting data.” The ruling hits at Google’s basic practice Read Article Published on Oct. 22, the Information Governance Body of Knowledge (IGBOK) provides information governance (IG) stakeholders – information management, information technology, legal, risk/compliance, privacy, security, and business unit heads – the clear, concise, and practical guidance they need to govern their organization’s information assets effectively. Filled with strategic advice, policy guidance, “how to” processes, and valuable templates, IGBOK was developed by a group of subject matter experts representing the IG stakeholder groups; collectively, this group has more than 500 years of experience and expertise. Those who purchase this edition of IGBOK will receive the second edition free of charge. Learn Read Article The following award winners for the last fiscal year (July 1, 2017, to June 30, 2018) were announced at ARMA International’s 63rd Annual Conference Expo in Anaheim, California, in mid-October. Company of Fellows ARMA International’s highest recognition is to be named to its Company of Fellows. This award honors ARMA members who have distinguished themselves through outstanding achievements and contributions in information management, as well as through noteworthy accomplishments in all levels of the association. This year’s two inductees bring the total number of Fellows of ARMA International (FAIs) to 60. Anita P. Castora, IGP, CRM, CBCP, FAI #59 Read Article Cyberscoop.com reports that at the recent United Nations (U.N.) session, White House officials gauged interest in restarting talks on global cybersecurity norms. Such negotiations crumbled in 2017 because of acrimony among certain countries, reportedly due to disagreements between Washington and Moscow and others over the right to self-defense in cyberspace. In a recent meeting with agents from some 20 U.N. countries, U.S. Deputy Secretary of State John J. Sullivan encouraged renewing the conversation at the U.N. Group of Governmental Experts (GGE), according to a U.S. State Department statement. “[N]onbinding norms of responsible behavior during peacetime provides important guidance to states, Read Article Recently the United States, Mexico, and Canada proposed a new trade pact to replace the North American Free Trade Agreement (NAFTA). According to the HuntonPrivacyBlog, the new pact recognizes “the economic and social benefits of protecting the personal information of users of digital trade” and will require the three nations to “adopt or maintain a legal framework that provides for the protection of the personal information of the users[.]” This framework, according to the Hunton blog, should include such principles as limitations on collection, choice, data quality, purpose specification, use limitation, security safeguards, transparency, individual participation, and accountability. The agreement Read Article As reported by ZDNet.com, a class-action lawsuit has been filed in Illinois that claims Wendy’s restaurant chain has broken state laws by improperly storing and managing employee fingerprints. The complaint centers on Wendy’s practice of using biometric clocks that scan fingerprints when employees arrive at work, when they leave, and when they use the point-of-sale and cash register systems. The suit contends that Wendy’s breaks the Illinois Biometric Information Privacy Act (BIPA) because the company doesn’t inform its employees how it uses their data and fails to obtain a written release with their explicit consent to obtain and handle the Read Article In a recent piece on Information-Management.com, Matthew Nelson, an attorney with DiscoverReady LLC, says the 2018 California Consumer Privacy Act (CCPA) is constantly evolving, evidenced by the September passing of Senate Bill 1121, which serves rather like an amendment to the CCPA. Nelson says because of SB-1121, consumers bringing a private right of action no longer must notify the attorney general. Further, organizations no longer must disclose on their website or in their online privacy policy that a consumer has the right to delete personal information. Importantly, SB-1121 also made the CCPA effective immediately, but it extended the compliance deadline, Read Article A Verizon report suggests that nearly 60% of data security incidents at healthcare organizations are caused by insiders, according to an article on Law.com. The “Protected Health Information Data Breach Report” implies that healthcare is the only industry in which internal players are the greatest threat to an organization’s data security. The study reviewed 1,368 security incidents involving patient medical records in 27 countries. It included confirmed breaches and security incidents in which data was at risk but not confirmed as having been compromised. Reporter Kristen Rasmussen says employers may take comfort in knowing that not all the internal breaches Read Article ZDNet.com reports that near the Arctic Circle, experts at the National Library of Norway’s (NLN) secure storage facility are implementing an astonishing plan for digitizing everything ever published in Norway: books, newspapers, manuscripts, posters, photos, movies, broadcasts, and maps, as well as all websites on the Norwegian domain. The work was begun 12 years ago and will likely take 30 years to complete. According to the article, the library has more than 540,000 books and 2 million newspapers in its archive. Because the materials have been mass-scanned and OCR-processed, their content is free-text searchable.NLN’s mandates are for long-term safe storage Read Article Eweek.com reports that the government of Canada is taking an active, aggressive strategy to defends its networks from cyber attacks. In October, Scott Jones, head of the Canadian Centre for Cyber Security at the Canadian Security Establishment (CSE), summarized the steps being taken and how individuals and organizations can benefit from the same approach. “Every day, the CSE blocks hundreds of millions of malicious activities directed at the government of Canada... We decided to break the cycle and make it harder for people to discover our vulnerabilities,” he said in a keynote. Jones says the CSE is making it more Read Article As widely reported, the mid-September Facebook data breach may have affected nearly 50 million accounts. Bloomberg.com refers to it as “the latest in a series of missteps that are undermining confidence in the company’s social network and business model.” In a statement, Facebook said it has fixed the breach, which had let hackers take over accounts. The accounts of Chief Executive Officer Mark Zuckerberg and Chief Operating Officer Sheryl Sandberg were among those targeted by the hack, according to Bloomberg. Because of user data leaks, security breaches, and the spread of misinformation, Facebook has had to confront hostile congressional hearings Read Article A recent Gartner Inc. report predicts the current enterprise content management (ECM) market will “devolve into purpose-built, cloud-based content solutions and solution services applications.” According to an article on idm.net.au, the Gartner study finds that organizations are increasingly adopting cloud solutions rather than on-premises ECMs. Software as a service (SaaS) remains the biggest segment of the cloud market, with global revenue predicted to grow 17.8% to reach $85.1 billion in 2019. “The increasing adoption of SaaS applications and other cloud services impacts the management, dissemination and exploitation of enterprise content,” said Craig Roth, research vice president at Gartner. While SaaS Read Article California Gov. Jerry Brown has signed two bills that are designed to make manufacturers of Internet-connected devices more responsible for ensuring the privacy and security of Californians, as reported on GovTech.com. The bills require manufacturers to equip connected devices with a “reasonable security feature or features” that are appropriate to their nature, function, and the information they may collect, contain, or transmit. The security features must be designed to protect the device and its information from “unauthorized access, destruction, use, modification or disclosure.” The laws define a connected device as one with an Internet protocol (IP) or Bluetooth address that Read Article Law.com reports on a web seminar hosted by The Sedona Conference® international electronic information management, discovery and disclosure working group, which looked at how e-discovery professionals and courts are subject to the EU General Data Protection Regulation (GDPR). Importantly, the panel suggested that the wide scope of what the GDPR considers to be personally identifiable information makes it probable that any EU data collection conducted by U.S. attorneys would have to comply to GDPR standards. In the data-gathering phase at pretrial, bulk collection would not be advisable because counsel must comply with GDPR protocol even when merely transferring data to Read Article TechRepublic.com cites a recent report from a security company that suggests cyber attacks continue to increase in occurrence. The report, from Positive Technologies, says that the second quarter of 2018 saw a 47% increase in cyber attacks when compared to the same period in 2017. Targeted attacks outnumbered mass campaigns, which indicates a growing sophistication among the cybercrooks. Increasingly, data theft is driving the attacks, with many criminals seeking personal data (30%), credentials (22%), and payment card information (15%). Hackers are compromising online platforms, e-commerce sites, online ticketing systems, and hotel booking sites, according to the report. “Cyber-attacks in Q2 Read Article In a Washington Post op-ed piece, Neema Singh Guliani, senior legislative counsel at the American Civil Liberties Union (ACLU), warns that the growing push for federal privacy legislation is bad news for consumers. Guliani cites several examples of how states are leading the efforts to protect consumer privacy, including California’s recent consumer privacy act and the Illinois law that sets limits on the commercial collection and storage of biometric data. According to Guliani, the U.S. Chamber of Commerce and lobbying organizations that represent Amazon, Airbnb, Google, Microsoft, and many other digital behemoths are urging Congress to adopt a federal privacy Read Article ARMA Magazine UPFRONT News Analysis The latest news and breaking analysis from ARMA International. 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