Attraction And Retention In The GFC - challenges for Practice Based professions
Retention - DP in Practice Series
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Transcript of 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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