Documents and Discovery in Government - Alberta’s Perspective
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
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2. CCCA Conference - Documents and Discovery in
Government
GOVERNMENT’S
PERSPECTIVE
Tuesday, February 23, 2010 2
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
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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
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
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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
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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. 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
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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
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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
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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+)
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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
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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
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15. Documents and Discovery in Government - Alberta
Perspective
QUESTIONS
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