Canadian Lawyer

November/December 2014

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m N o v e m b e r / D e c e m b e r 2 0 1 4 35 an expertise in electronic information issues. Many law offices typically main- tain a number of departments, such as information technology, data security, records and management (RMI), and privacy, all of which play a role in man- aging the organization's information. But the siloed approach is inefficient and fraught with limitations. Often, each department has its own policies and procedures, disparate data systems and applications, and even its own vocabulary even though they may share the same words. It's far from unusual to end up with cases where the IT depart- ment puts its foot down and establishes e-mail account volume limits to relieve stress on the organization's e-mail sys- tem only for personnel to move e-mail to local drives and devices, which in turn can increase data security expo- sure and make it difficult to find and preserve e-mails for litigation. Or the organization allows the use of laptops and smartphones under a bring-your- own-device program to increase con- venience and efficiency, without estab- lishing clear parameters — a situation that again can lead to the same head- aches in addition to making it more challenging to apply records retention policies. "What I hear when I have gone into law firms is different people do things in different ways so it's tough on the staff because one department stores their documents one way, and a dif- ferent department in a different way," says Susan Nickle, general counsel at London Health Sciences Centre and former partner at Wortzmans. What's more, those within particular silos are constrained by the culture, knowledge, and short-term goals of their business unit, administrative func- tion, or discipline, notes a report by The Sedona Conference Working Group on information governance. Under the siloed approach, there is an absence of overall governance or co-ordination for managing information as an asset, and no road map for the current and future use of information technology, adds the Sedona report. "We started down the road of electronic files kind of almost an ad hoc basis, without any planning and without thinking about the future and without thinking about the impor- tance that these systems would eventu- ally have," says Felsky, whose practice is dedicated to information governance. "We have completely moved away from our traditional records management processes and we have been in a new world for some time, and it's a world of chaos." Information governance sets out to put some order to the disarray. It emphasizes a culture of collaboration between different departments of infor- mation-focused disciplines to make co- ordinated decisions about governing information for the benefit of the over- all organization as opposed to a par- ticular department or discipline. "You need all of these people — IT, RMI, security, and privacy — at the table to make decisions that align everyone's interests and everyone's own agenda to be able to achieve anything," says Dominic Jaar, national practice leader Relied on by lawyers and judges for more than 25 years, British Columbia Annual Practice provides comprehensive, accurate and highly credible expert insight on the rules of civil procedure in British Columbia. 1. Main Volume – everything you need for Court is in one volume, including: • The Supreme Court Civil Rules, Supreme Court Family Rules, Court of Appeal Rules, Supreme Court Act, and Court of Appeal Act, fully annotated with personally selected cases • The full text of 15 key statutes 2. 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