Media Companies Need to Address New Document Retention-Confidentiality Dilemma
"'Media companies that have not updated their document retention policies to reflect today’s technologies may find it difficult to successfully defend themselves against a defamation or invasion-of-privacy lawsuit or to protect confidential sources" said Ken Goldstein, assistant vice president, Chubb & Son, and worldwide media liability manager for Chubb Specialty Insurance.
New e-discovery amendments to the Federal Rules of Civil Procedure acknowledge that information stored on email, voice mail, flash drives, MP3 players, editorial document management systems, system backup tapes and other devices is discoverable. Without the proper protocols in place, media companies can face a variety of dilemmas when responding to subpoenas for electronically-stored information, including retrieving it and exposing confidential reporter sources and other private information."