How Long to Retain Local Government Electronic Mail?

Would an E-mail Archive Appliance Help?

Dallas County, Texas, is debating how long to store electronic mail. Some have proposed that each e-mail record be deleted after 90 days unless an employee specifically requested longer retention.

But others fear that such a practice would lead to the destruction of records needed for compliance with laws like the open records act and to legal risk if an employee makes a mistake.

The county says that a 90-day policy is tempting because the retention of e-mail is costly and clumsy under its existing storage system.

Those advancing the proposed 90-day policy say the county should keep only messages that employees have examined one-by-one and determined to be official county records. They point to Texas state guidelines that call for the long-term retention of only official records, not all electronic mail. Hence, they believe good records management requires each employee to invest considerable time and attention in the process of reviewing individual records . . . Continue Reading

--Benjamin Wright

Digital Forensics: Private Eye (PI) License Required for E-Discovery?

Stop-Light Camera Company Liable in Texas?

Does a business need a state-issued license to collect and evaluate electronic records in preparation for litigation? The question is becoming a hot topic in modern lawsuits.

A court in Dallas, Texas, concluded the firm running an automated stop-light enforcement camera was an outlaw because it lacked a professional private eye (PI or private investigator) license. As the operator of the system, the firm was involved in fetching and analyzing electronic records so it could present them in judicial proceedings. This case has sparked a wildfire of complaints, where motorists in the Lone Star State are objecting to traffic tickets, requesting return of fines they've paid and berating public servants who support red-light traffic cameras.

In a nutshell, motorists are contending that judges should ignore the digital camera evidence because it was managed by a rogue, unlicensed private eye.

The quarrel is an surprising consequence of recent Texas legislation (House Bill HB 2833) compelling digital forensics professionals to be licensed as professional private eyes . . . Continue Reading

--Benjamin Wright