DOCUMENT Magazine - June 2008 - (Page 37) A I ARCHIVING & IMAGING & i n the ever-growing mobile business world, portable devices are becoming the vehicles of information sharing. However, transactional organizations must be prepared to manage, account for and locate the data stored on these mobile devices in the face of ediscovery initiatives. Mobilizing Portable E-Discovery t A guide in managing mobile device data in the face of litigation By Jacques Nack Ngue The inaction of 46% of the respondents, as noted by the previously mentioned survey, can be costly to any transactional organization dealing with the e-discovery of portable devices. For example, the average computer laptop was found to have data within it worth an estimated $972,000 and, according to the survey, lost proprietary information, which is often portable, costs companies typically $14,000,000 a year. In addition, the Federal Bureau of Investigation puts the number of the average cost of computer security violations, many of which occur on laptops, which are most certainly mobile, at $67 billion per year. Transactional businesses should also be aware that the costs of an information security breach, as it relates to mobile e-discovery, are not solely economic. These violations often include losses to a business’s goodwill and reputation as well. When focusing on the human element, the survey found that when organizations notify their clients that their data has been breached, 19% ended the business relationship, 40% considered ending the business relationship and 27% expressed concern about the business relationship. The Ponemon survey concluded that after an information security breach, nearly half of recovery costs are directly connected to the loss of existing customers. Needless to say, aside from the customer attrition a business can expect to occur by doing nothing to protect portable devices from a breach, transactional companies will also lose revenue due to the negative word of mouth that is likely to occur. The technology for portable devices has certainly come a long way. No matter the reason, be it a rise in telecommuting or otherwise, the demand for portable communication devices, such as personal digital assistants (PDAs) and smart phones, has exponentially increased in recent years. These technology advances, while undoubtedly creating revolutionary and impressive mediums for transporting data, have also brought with them a considerable amount of new risk for transactional organizations to account for. The greatest challenge arguably, in the wake of the numerous types of company mobile devices that have recently emerged, has been guarding against the increased opportunities for an information security breach. Each mobile device must be accounted for, whether or not physically located within a company’s walls, as it may contain personal or employee data that can greatly impact future e-discovery. Discovering Change The first step any transactional business must take in its preparedness for e-discovery is realizing that it must act. This step, although vital and must be achieved before moving forward, has proved elusive for many great transactional firms. According to a recent study conducted by the Michigan-based Ponemon Institute, transactional firms are not mobilizing quick enough to adopt policies to guard against information security breaches when it comes to portable e-discovery. The survey, which interviewed over 700 information technology executives, found that 85% of the respondents reported an information security breach. Even more alarming is that of the 85% surveyed nearly half — 46% — noted that they did not adequately protect their mobile devices even after they experienced the initial information security breach. Located and Accounted For Accounting for all company portable devices, the second step a transactional firm must take, sounds quite simple but, after first glance, can indeed be more daunting than previously thought. This step involves, namely, the locating and accounting of all types of portable devices in the organization that may have evidence that can be deemed relevant during discovery. A good place to start is with all laptops, USB flash drives, www.DOCUMENTmedia.com june.08 document 37 http://www.DOCUMENTmedia.com
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