Post on 31-Mar-2015
Why Archiving and Why Now?
Michael IvanovSr. Director - Archiving
Commvault
October 2007
The Evolution of Archiving
Archiving for Storage Management• Users want to keep data forever!
• Keep backing up the same old data
• Over and over… And over… and over…
The PST Problem
Mailbox quotas created to manage database size for DR• Mailbox Quotas = Personal Stores (PST Files)• Users don’t delete email!
Original PST files were management issue (2GB limit) New PST file issues
• Damaged, Lost, Stolen Laptops Not backed up 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!
PSTPST
PSTPST
Sarbanes-Oxley Act NASD 3010/3110 SEC 17a-4 HIPAA FDA 21 CRF Part 11 FRCP Amendments
Sarbanes-Oxley Act NASD 3010/3110 SEC 17a-4 HIPAA FDA 21 CRF Part 11 FRCP Amendments
Canadian Electronic Evidence Act
Canadian Electronic Evidence Act
Public Record Office (U.K) Financial Services Authority
(U.K.) GDPdU & GoBS (Germany) NF Z 42-013 (France)
Public Record Office (U.K) Financial Services Authority
(U.K.) GDPdU & GoBS (Germany) NF Z 42-013 (France)
Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 EVIDENCE ACT 1995
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
Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 EVIDENCE ACT 1995
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
Worldwide Regulations
Sense of Urgency
United States Federal Rules of Civil Procedure Amendments – Dec 1. 2006• Rule 34(a), (b)
Definition of electronically stored information (ESI), production requirements, and expectations
• Rule 16(b), 26(f) Meet-and-confer sessions must address e-discovery
and preservation
• Rule 26(b)(2) Production of data deemed “not reasonably accessible
because of undue burden or cost” is not always required.
Recent Cases
http://www.ediscoverylaw.com/
Recent Legislation – Victoria2 New Acts
Crimes (Document Destruction) Act 2006 • Applies to conduct carried out in Victoria
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
Evidence (Document Unavailability) Act 2006 • Applies to civil proceedings conducted in Victoria • Documents “unavailable” in civil proceedings
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:
That an adverse inference be drawn because the document is not available That a fact be presumed to be true if there is no evidence to the contrary That certain evidence be rejected That all or part of a defence or statement of claim be struck out That the evidential burden of proof be reversed in relation to a fact in issue
Effective September 1, 2006 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
Crimes (Document Destruction) Act 2006Evidence (Document Unavailability) Act 2006
http://www.prov.vic.gov.au/records/advice18summary.asp
Recent Legislation
http://www.mondaq.com/article.asp?articleid=44338
http://www.lawyersweekly.com.au/articles/Voyages-of-discovery_z65436.htm
BT (Australasia) Pty Ltd v State of New South Wales & Anor
Commonwealth Consolidated ActsELECTRONIC TRANSACTIONS ACT 1999
http://www.austlii.edu.au/au/legis/cth/consol_act/eta1999256/s5.html#transaction
“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.”
“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 …”
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
Commonwealth Consolidated ActsEVIDENCE ACT 1995
http://www.austlii.edu.au/au/legis/cth/consol_act/ea199580/ Courts can rule on admissibility of electronic documents
as evidence• Documents are admissible based on:
Authenticity Security Accessibility
State legislation Examples• Supreme Court (General Civil Procedure) Rules 1996, in
Victoria• Supreme Court Rules 1970, in New South Wales
How do I prepare?
Archiving Considerations
DeleteDelete
Storage Management – Move from expensive primary storage to lower cost secondary storage• What about when secondary storage gets too large?
What about other data types? What about backup? Where are your tapes? What about search/discovery?
• Not just the archive, but backups and live content… Can you ensure proper disposition across all media? Can you perform a legal hold effectively?
File &File &PrintPrint
DocumentDocumentManagementManagement
EmailEmailArchiveArchive
TapeTape
TapeTape
How to Manage Retention
User in Control Mostly Dispersed Often Duplicated Sometimes Deleted Difficult to Manage Difficult to Protect
OfficeOffice
DocumentsDocuments
EmailEmail
InternetInternet
MediaMedia
Fax /Fax /
ScannedScanned
ImagesImages
/ Video/ Video
PoliciesPolicies
ApplicationApplicationDatabasesDatabases
EmailEmail File &File &PrintPrint
DocumentDocumentManagementManagement
DeleteDelete
Mr & MsMr & Msuseruser
Management
How do you mitigate your risk?
What is a “document?”• Emails, File System Data, Document Repositories
Where is the “document?”• Online, Archive, Backup
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?
Engage with Legal to understand company policy• They don’t know what they don’t know• You have to implement the policy ultimately
Longer Retention Periods = More Storage• More Storage = More Power, Cooling, Space, etc.• More Storage = Tiered Storage!
Summary
Archiving for Storage Management• Free up expensive production disk storage• Reduce backup windows• Reduce recovery times
Archiving for Legal Discovery / Compliance• Make sure to capture the data in the first place• Proper retention / disposition management
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!
Thank You!
www.commvault.commivanov@commvault.com