Copyright© 2010 WeComply, Inc. All rights reserved. 9/19/2015 Record Management

Copyright© 2010 WeComply, Inc. All rights reserved.

04/21/23

Record Management


04/21/23

Record Management

Copyright© 2010 WeComply, Inc. All rights reserved. 3

Our Records

You may have communication, investigative and/or analytical duties in your work

Your communications, investigations or analyses become records — regardless of their form

Purposes of records:

•To document what has occurred for future use

•To comply with laws and regulations

•To share an idea, to state a position or to clear up confusion


What Are "Records"?

Records include most things you write down, record or produce as an employee

•Handwritten notes

•Contracts and forms

•E-mail and voicemail messages

•Letters, memos and faxes

•Computer data

•Microfilm

•Desk calendars

•Appointment books

•Expense reports


Pop Quiz!

Which of the following would probably not be considered a "record"?

A.A video presentation.

B.A voicemail message.

C.Handwriting on scratch paper.

D.A calendar.

E.A deleted e-mail.

F.All of the above would probably be considered records.


Who Reads Our Records?

Consider who might read your records — even beyond intended recipient:

•Supervisor/co-workers

•Government officials

•Lawyers

Our records could "go public" in the future —

•By publication in newspaper or magazine

•As result of government inspection/audit

•In due-diligence process

•In discovery phase of a lawsuit

Ensure that your records would reflect well if held up to close scrutiny


Electronic Communication

Guidelines for using e-mail, instant-messaging and other electronic tools

•Consider all your electronic communications as official records

•Forward electronic communications judiciously

•Confidential information should be encrypted

Instruct recipients about confidentiality


Creating Accurate Records

Guidelines for creating complete and accurate records:

•Before creating record of event, get the whole story

•Don't exaggerate or use overly dramatic language

•Be objective

•Be concise and careful with wording

•Avoid creating records in haste or when you feel emotional

•See the records as formal business documentation

•Review contents of e-mail and double-check recipient list


Legal Requirements

We are required by law to maintain certain records for specified periods of time

Record Management Policy provides guidelines on —

•What records to keep and for how long

•How to dispose of them

If you have questions about Policy, ask your supervisor


Purpose and Scope of Policy

Goals of Record Management Policy include —

•Complying with relevant state/federal laws and regulations

•Maintaining security/privacy of our records

•Having systematic plan for destruction of records no longer needed

Policy applies to —

•All printed documents and electronically stored records

•All employees, independent contractors and anyone working on our behalf

•All branches, divisions and subsidiaries throughout the world


Pop Quiz!

To save time, Tzvi, a company manager, keeps duplicates of important files at his home office, locked in a drawer for safekeeping. When the company began its annual review of documents for retention or disposal, Tzvi didn't include the files he had at home. Was this okay?

A.Yes, because company managers can make exceptions to the Record Management Policy for their own files.

B.Yes, because files kept off-site are not covered by the Record Management Policy.

C.No, Tzvi needs to include all files in the record-retention review — even those kept at his home office.


Suspension of Record Destruction

We have legal obligation to preserve documents related to legal proceeding or government investigation

Report potential litigation, investigation or audit to Legal Department immediately

Legal Department may issue Order of Suspension specifying records to be preserved until further notice

Employees should not alter/dispose of records under suspension order — even if scheduled for destruction


Record Disposal

Documents scheduled for disposal must be destroyed in safe, secure and environmentally sound manner

•Printed documents should be shredded or pulped

•All copies should be destroyed

•Electronic documents and back-up copies should be deleted

•Information stored on personal hard-drives, home computers, laptops must also be disposed of

Electronic communications must be categorized by content/audience for retention/destruction purposes


Related Issues

Modification of Policy

•We may modify Policy or Schedule at any time

•Employee suggestions for modifications should be sent to Legal Department

•Decisions to re-classify records should be reviewed by Legal Department

Penalties for Violation

•Any employee who violates Policy will be subject to discipline, up to and including termination of employment

•Anyone who knowingly alters, destroys, conceals or falsifies records could be fined, imprisoned for up to 20 years, or both


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Final Quiz


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Questions?


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Thank you for participating!

This course and the related materials were developed by WeComply, Inc. and the Association of Corporate Counsel.