For years, the default setting at many companies was to keep electronic data indefinitely. Storage is cheap, there are legal risks associated with deleting data, and you never know when an email from 10 years ago is going to become important. Some companies have document management policies, but often they are not rigorously enforced or they are suspended whenever litigation arises. The result is that most companies have enormous amounts of old data and are … Continue Reading
In January 2018, at the Eleventh Annual International Conference on Computers, Privacy and Data Protection (the “Conference”) in Brussels, one panel that made some headlines centered around blockchain technology in the context of data protection. The core inquiry of the panel was two-fold: (1) whether blockchain technology can facilitate data protection regulatory objectives and (2) whether the same technology makes it more difficult to enforce data protection laws. Unsurprisingly, neither inquiry produces a … Continue Reading
Cyber threats remain a key operational concern for banks, which are otherwise experiencing “near-historic” capital and liquidity highs and improved returns on equity, according to the Office of the Comptroller of the Currency (the “OCC”). The regulator published its Fall 2017 Semiannual Risk Perspective on January 18th, stating that “operational risk remains elevated as banks adopt business models, transform technology and operating processes, and respond to increasing cybersecurity threats.” This conclusion is not new—since its … Continue Reading
Companies and law enforcement are increasingly turning to white hat hackers for help. The FBI apparently paid consultants over $1,000,000 to unlock an iPhone used by one of the shooters in the San Bernardino attacks, and companies such as Microsoft, Uber, Facebook, and Google are paying hackers tens of thousands of dollars to find vulnerabilities in their systems. Davis Polk’s recent cybersecurity webcast discusses why companies are using pools of white hat hackers for certain … Continue Reading
In our cybersecurity and data management webcast now available below, Davis Polk partners Avi Gesser, Gabe Rosenberg, and associate Matt Kelly, recently discussed getting rid of old documents to reduce cyber risk.
To avoid ending up in the news as the latest victim of a cyber-attack, companies are looking to improve their data security. One way is data reduction─getting rid of old data that you don’t need for business purposes and you … Continue Reading
Please join us on October 11, 2017 from 12:00 pm to 1:00 pm ET for a discussion on the evolving law and practice on the document management aspects of cyber security, including:
- Regulators’ expectation for companies regarding deleting old non-public data to reduce cyber risk.
- The interactions between the Federal Rules of Civil Procedure on electronic document spoliation and responsible cyber security data management.
- Using predictive coding and data analytics to identify