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Documents and Discovery in Government - Alberta’s Perspective

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Documents and Discovery in Government - Alberta’s Perspective

  1. 1. CCCA Conference Documents and Discovery in Government Alberta’s Perspective February 22, 2010 Denise Bagnell Edwina Podemski President Barrister & Solicitor Tri-global Solutions Group Alberta Justice, Civil Law Branch 1
  2. 2. CCCA Conference - Documents and Discovery in Government GOVERNMENT’S PERSPECTIVE Tuesday, February 23, 2010 2
  3. 3. Complexity of Government Leadership Roles Minister Deputy Justice Minister 24 Ministries Collaboratively Establishing: Risk Effective governance Information Management Records management program Technology Managing eDiscovery Changing culture Ensuring buy-in and collaboration from and among all parties Information CIOs Management Senior Senior Financial Records Officer Officer Tuesday, February 23, 2010 3
  4. 4. Alberta Government  59,300 Employee – 2009 Stats ◦ Creating a growing amount of information on a daily basis ◦ All with electronic devices using various media combining electronically stored information (ESI) Tuesday, February 23, 2010 4
  5. 5. Devices and Media Containing ESI Tuesday, February 23, 2010 5
  6. 6. Lesson’s Learned: Information Environment Strategies  Acquire economical, efficient, and reliable means for creation, retrieval, maintenance, preservation, and disposition of records in any electronic media  Developing an holistic approach: People, Culture, Governance, Policy  Implementing an effective Change Management in a complex environment  Leverage FOIP, privacy and transparency, government resources to strengthen eDiscovery readiness  Improve the methods by which government information, including information on the internet, is organized, preserved, and made accessible to the public  Improve transparency and security of data  Ensure compliance with legal directives and information requests Tuesday, February 23, 2010 6
  7. 7. Lesson’s Learned: Resources  Economic pressures adds to complexity  Collaboration - all parties need to work together with records managers to develop strategic plans for e-records management Overcoming cultural and Minister  Deputy Justice language barriers to get Minister everyone on the same page – culture shift required Risk Information Management Technology  Overcoming the funding challenge of Records CIOs Information Management Management –– poor child Senior Senior Financial Records Officer Officer Tuesday, February 23, 2010 7
  8. 8. Lesson’s Learned: Technology  Embracing Web 2.0, social networking, cloud computing and all of the other new technologies with caution - already a challenge with email and standard applications – like Word, Excel.  Overcoming the challenge and frustration of technology systems obsolete  Overcoming the perception storage is cheap  Addressing the growing types of media in storage – i.e.: audio, video
  9. 9. Lesson’s Learned: eDiscovery Technology  Understanding Technology tools that help – eDiscovery tools are in their infancy – integration is an issue  Acquiring powerful search tools  Overcoming Siloed Systems Tuesday, February 23, 2010 9
  10. 10. Lesson’s Learned: Awareness and Abilities  Training all personnel that create and use records to ensure compliance  Developing the core competencies needed for effective records management and eDiscovery readiness  Acquiring or developing qualified and experienced personnel in eDiscovery and electronic records management Tuesday, February 23, 2010 10
  11. 11. Lesson’s Learned: Improvement in RIM  Evaluating, improving, implementing, and executing records management policies and procedures  Ownership of the record  Ensuring that functional management, control, oversight, and leadership are demonstrated during the life-cycle management of records Tuesday, February 23, 2010 11
  12. 12. Lesson’s Learned: Litigation Hold  Preparing consistent processes for information governance before a litigation hold  Leveraging resources in the most efficient and effective ways to manage a litigation hold  Migration and evergreening – maintaining authenticity and integrity of information U.S. Army Photo – ENIAC U.S. Army Photo – BRLESC-II Floppy disks USB drive (circa 1947-1955) (circa 1966) (circa 1976 – 1982) (circa 2000+) Tuesday, February 23, 2010 12
  13. 13. Lesson’s Learned  Centralizing, decentralization and reorganization of Government ◦ Functional access to information ◦ Orphaned systems and records  Outsourcing ◦ Access to information ◦ Cross border issues ◦ Privacy ◦ Costs ◦ Flexibility Tuesday, February 23, 2010 13
  14. 14. Emerging Best Practices: Litigation Readiness Establish Continuous Communicate Audit & and Train staff Review Determine processes Technology requirements & eDiscovery tools Strategy and Oversight,& Policies eDiscovery Program Lead Tuesday, February 23, 2010 14
  15. 15. Documents and Discovery in Government - Alberta Perspective QUESTIONS Tuesday, February 23, 2010 15

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