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Why Archiving and Why Now? Michael Ivanov Sr. Director - Archiving Commvault October 2007.

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Presentation on theme: "Why Archiving and Why Now? Michael Ivanov Sr. Director - Archiving Commvault October 2007."— Presentation transcript:

1 Why Archiving and Why Now? Michael Ivanov Sr. Director - Archiving Commvault October 2007

2 The Evolution of Archiving n Archiving for Storage Management Users want to keep data forever! Keep backing up the same old data Over and over… n And over… and over…

3 The PST Problem n Mailbox quotas created to manage database size for DR Mailbox Quotas = Personal Stores (PST Files) Users don’t delete ! n Original PST files were management issue (2GB limit) n New PST file issues Damaged, Lost, Stolen Laptops n Not backed up n IP leakage risk Where are the files? Server? Desktop? Laptop? How many files are out there? What’s in those files? It’s the PST file you don’t know about that has the smoking gun! PST PST

4 n Sarbanes-Oxley Act n NASD 3010/3110 n SEC 17a-4 n HIPAA n FDA 21 CRF Part 11 n FRCP Amendments n Sarbanes-Oxley Act n NASD 3010/3110 n SEC 17a-4 n HIPAA n FDA 21 CRF Part 11 n FRCP Amendments n Canadian Electronic Evidence Act n Public Record Office (U.K) n Financial Services Authority (U.K.) n GDPdU & GoBS (Germany) n NF Z (France) n Public Record Office (U.K) n Financial Services Authority (U.K.) n GDPdU & GoBS (Germany) n NF Z (France) n Commonwealth Consolidated Acts n ELECTRONIC TRANSACTIONS ACT 1999 n EVIDENCE ACT 1995 n Tas: Electronic Transactions Act 1999 n NSW: Electronic Transactions Act 2000 n SA: Electronic Transactions Act 2000 n Vic: Electronic Transactions Act 2000 n ACT: Electronic Transactions Act 2001 n QLD: Electronic Transactions (Qld) Act 2001 n NT: Electronic Transactions (Northern Territory) Act n Commonwealth Consolidated Acts n ELECTRONIC TRANSACTIONS ACT 1999 n EVIDENCE ACT 1995 n Tas: Electronic Transactions Act 1999 n NSW: Electronic Transactions Act 2000 n SA: Electronic Transactions Act 2000 n Vic: Electronic Transactions Act 2000 n ACT: Electronic Transactions Act 2001 n QLD: Electronic Transactions (Qld) Act 2001 n NT: Electronic Transactions (Northern Territory) Act Worldwide Regulations

5 Sense of Urgency n United States Federal Rules of Civil Procedure Amendments – Dec Rule 34(a), (b) n Definition of electronically stored information (ESI), production requirements, and expectations Rule 16(b), 26(f) n Meet-and-confer sessions must address e-discovery and preservation Rule 26(b)(2) n Production of data deemed “not reasonably accessible because of undue burden or cost” is not always required.

6 Recent Cases

7 Recent Legislation – Victoria 2 New Acts n Crimes (Document Destruction) Act 2006 Applies to conduct carried out in Victoria n Companies that are resident or do business in Victoria Documents “reasonably likely” to be required in any ongoing or potential future legal proceedings Both individuals and companies may be prosecuted n Evidence (Document Unavailability) Act 2006 Applies to civil proceedings conducted in Victoria Documents “unavailable” in civil proceedings n Document that was previously in control of a party and which has been subsequently destroyed or rendered unusable Allows the court to reverse the effect of the loss of those documents by ordering: n That an adverse inference be drawn because the document is not available n That a fact be presumed to be true if there is no evidence to the contrary n That certain evidence be rejected n That all or part of a defence or statement of claim be struck out n That the evidential burden of proof be reversed in relation to a fact in issue n Effective September 1, 2006 n Heavy Punishment Could result in up to 5 years imprisonment or Maximum fine of approximately $65,000 for individuals Maximum fine of approximately $320,000 for companies

8 Crimes (Document Destruction) Act 2006 Evidence (Document Unavailability) Act 2006

9 Recent Legislation

10 BT (Australasia) Pty Ltd v State of New South Wales & Anor

11 Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 n n “For the purposes of a law… …a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications.” n “If, under a law… … a person is required to record information in writing, that requirement is taken to have been met if the person records the information in electronic form, where … at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference …” n State Legislation Followed: Tas: Electronic Transactions Act 1999 NSW: Electronic Transactions Act 2000 SA: Electronic Transactions Act 2000 Vic: Electronic Transactions Act 2000 ACT: Electronic Transactions Act 2001 QLD: Electronic Transactions (Qld) Act 2001 NT: Electronic Transactions (Northern Territory) Act

12 Commonwealth Consolidated Acts EVIDENCE ACT 1995 n n Courts can rule on admissibility of electronic documents as evidence Documents are admissible based on: n Authenticity n Security n Accessibility n State legislation Examples Supreme Court (General Civil Procedure) Rules 1996, in Victoria Supreme Court Rules 1970, in New South Wales

13 How do I prepare?

14 Archiving Considerations Delete n Storage Management – Move from expensive primary storage to lower cost secondary storage What about when secondary storage gets too large? n What about other data types? n What about backup? Where are your tapes? n What about search/discovery? Not just the archive, but backups and live content… n Can you ensure proper disposition across all media? n Can you perform a legal hold effectively? File & PrintDocumentManagement Archive Tape Tape

15 How to Manage Retention n User in Control n Mostly Dispersed n Often Duplicated n Sometimes Deleted n Difficult to Manage n Difficult to ProtectOfficeDocuments Internet Media Fax / Scanned Images / Video Policies ApplicationDatabases File & PrintDocumentManagementDelete Mr & Ms user Management

16 How do you mitigate your risk? n What is a “document?” s, File System Data, Document Repositories n Where is the “document?” Online, Archive, Backup n This will impact IT… 100% of the time! Be prepared! What data do you have? What format is it in? What are your retention policies? How do you perform an effective litigation hold? How do you search the data? How do you enable Legal to search the data? n Engage with Legal to understand company policy They don’t know what they don’t know You have to implement the policy ultimately n Longer Retention Periods = More Storage More Storage = More Power, Cooling, Space, etc. More Storage = Tiered Storage!

17 Summary n Archiving for Storage Management Free up expensive production disk storage Reduce backup windows Reduce recovery times n Archiving for Legal Discovery / Compliance Make sure to capture the data in the first place Proper retention / disposition management n Not just Archive, but Backup as well Litigation hold procedures How quickly can you perform a legal discovery? How comprehensive is your legal discovery? Be prepared!

18 Thank You!


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