Electronic Risk Management
Our experience in seeking and acquiring electronic data in litigation can help any company protect itself from costly lawsuits and other forms of liability related to email use, file retention, and workplace privacy issues. Along with plan design, we help our clients with training, employee handbooks, and audits
System Overview
Given the proliferation of computers, most companies have lost control of their electronic data; they don’t know exactly what they have or where it’s stored. Often the first step in limiting your liability is simply to inventory what you have, where it’s located, and what policies affect its use. 3D Forensics will put together a thorough overview of your company’s use of electronic data.
Through interviews, on-site reviews, and independent research, we’ll help you determine how your company addresses document retention, backup routines, and disaster recovery plans. We’ll also review any and all corporate policies relating to trade secret protection, confidentiality, and workplace privacy.
Plan Design
Once a system overview is created, our consultants will design a plan to meet your particular needs. Most plans include the following:
Privacy and confidentiality policies
Companies need to advise their employees of their intentions regarding confidentiality policies. Employers should also inform employees of their privacy rights and responsibilities. For example, most employees would be surprised to learn their computer files are admissible in court. Explaining the extent of computer privacy can also help minimize company liability.
Style guides for system users
One of the best ways to reduce your liability is also one of the simplest. Using appropriate, businesslike language in all communications eliminates many problems. We can recommend and prepare style guides for all system users.
Guidelines for retaining or destroying electronic files
Perhaps the most important component in any risk control program is the document retention policy. In pre-computer days, companies would have to purge their files because they literally ran out of space. With relatively unlimited data storage capacity, electronic files are often saved indefinitely. Most companies don’t have formal policies on how to name, archive, or purge electronic files.
A document retention plan can help to eliminate the unnecessary accumulation of potentially damaging documents.
Plan Implementation
Some of the best-laid plans never get off the ground because of poor implementation. 3D Forensics can ensure your plan is successful by providing the following:
Training
We recommend providing all computer users with an on-site training session describing your electronic risk program. This is a great way to get across the risks inherent in using electronic data. Even a one-hour "consciousness-raising" session is extremely valuable. During these programs, we typically go over e-mail style guides, instructions for deleting files on a regular basis, and policies on handling sensitive documents.
Employee handbooks
An employee handbook is an excellent complement to the training session described above. It’s also crucial in situations where training isn’t possible. We recommend all companies provide employees with an easy-to-read booklet explaining their electronic risk control plan, appropriate on-line etiquette, and any other computer-related guidelines.
Periodic audits
Finally, we suggest conducting periodic audits - just to make sure everyone in your firm is complying with the new program. Our audits typically include confidential reviews of electronic files and training follow-up.
