Paradox of Data Storage

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Transcript Paradox of Data Storage

Paradox of Data Storage

The Data You Store Can Be Used Against You In A Court of Law By: Tim Kormos Product Manager LXI Corp.

The Life Blood of Business

 IT provides the infrastructure that enables business  Hardware     Network Software Procedures Controls © Copyright 2004 LXI Corp.

IT’s Job to Protect Data

 Latest and Greatest Technologies   SAN, NAS High Availability  Software and Hardware  Disaster Recovery Plans  Business Continuity Plans © Copyright 2004 LXI Corp.

IT’s Responsibility

 IT manages the infrastructure that supports business  Businesses depend on the accuracy and availability of their data  Data is one of a companies most important assets and should have appropriate policies and controls relative to it’s value © Copyright 2004 LXI Corp.

Backup Strategy

 Backups provide a point-in-time recovery of critical data   Backups are used to recovery data that has become lost or damaged Backups make up the largest percentage of planned outages  Backups determine the success or failure of disaster recovery plans © Copyright 2004 LXI Corp.

Record Retention Strategy

 The practice of storing documents so that they can be quickly recovered while maintaining accuracy and integrity of the original document  Applies to electronic documents  Email, word docs, spread sheets, instant messages with customers,…  Should be kept for required time, then destroyed © Copyright 2004 LXI Corp.

Record Retention Gone Bad

 Fortune 500 company sued for wrongful termination  No record retention policy regarding email  Court ordered company to search all 20,000 backup tapes, estimated cost per tape $1,000 © Copyright 2004 LXI Corp.

The Paradox

 Backups  The more backups available, the more confidence that recovery is assured  More is better  Record retention (Archiving)  Store data for only as long as it absolutely has to be kept, then destroy it  Less is better © Copyright 2004 LXI Corp.

Conflicting Goals

 Backup policies  Ensure all data is recovered in the event of an outage, regardless of the type of data  Limited number people have access to data  Record Retention policies  Ensure that data is kept available for restoration for only as long as required by regulation  Numerous people have access to data © Copyright 2004 LXI Corp.

Arguments that Don’t Work

    Crown Life Insurance Company  Backups don’t count Wyeth Corp.

 Cost to recover would be greater than the settlement Prudential Insurance  Ordered to pay $1 million penalty for “haphazard” data retention policy Sprint Communications  Inappropriate use of data retention policy to avoid pending legal actions © Copyright 2004 LXI Corp.

Litigation

 Reasons for increased use of storage data in litigation  Attorneys are more aware of it’s value   Courts recognize it’s importance The sheer volume – all potential evidence © Copyright 2004 LXI Corp.

Regulatory Intervention

 Other ways your data storage is effected © Copyright 2004 LXI Corp.

New Corporate Governance

 Federal Regulations   Sarbanes-Oxley Act of 2002 HIPAA – Health Insurance Portability and Accountability Act of 1996  Gramm-Leach-Bliley Act  IRS Revenue Rulings and Procedures © Copyright 2004 LXI Corp.

Sarbanes-Oxley Act of 2002

 Changes securities regulations, corporate governance, and auditor regulations  Response to Enron, WorldCom, …  Introduces accountability for fraudulent accounting practices © Copyright 2004 LXI Corp.

HIPAA

Health Insurance Portability and Accountability Act of 1996

 Limits the use and disclosure of individually identifiable health care information  Requires health care entities to establish administrative, physical and technical safeguards © Copyright 2004 LXI Corp.

Gramm-Leach-Bliley Act

 Requires financial institutions to take steps to ensure security and confidentiality of customer’s non-public, personal information  Privacy notice must be “clear and conspicuous”  Must provide opt-out process © Copyright 2004 LXI Corp.

IRS Rev. Proc. 98-25

 Computer records must be  retained in retrievable format,  made available to the IRS when requested, along with documentation and audit trails that provide evidence of authenticity and integrity.  convert old formats to current, accessible by IRS representatives, sequential file version relational database systems and detailed transactions involved in EDI commerce.

© Copyright 2004 LXI Corp.

IRS Rev. Proc. 91-59

 Records must be  maintained and be available regardless of the existence of the original software or hardware, and no exceptions are made for deteriorated media.

© Copyright 2004 LXI Corp.

Federal Rules of Civil Procedures

V. Dispositions and Discovery   Rule 26: Quick identification and reproduction of requested information Rule 34: Sets the rules for requesting data under Rule 26  Firmly establishes how electronic evidence is to be handled in lawsuits © Copyright 2004 LXI Corp.

Sobering Consequence

 Sarbanes-Oxley Act  Holds CEO and CFO personally liable for the accuracy of SEC filings, punishable by fines up to $1 Million and 10 years imprisonment  IRS  Individuals willfully failing to supply information may be fined up to $25,000  Companies can be fined in excess of $100,000 for failure to comply  Courts hand down million dollar penalties for “haphazard” data retention policies © Copyright 2004 LXI Corp.

The Challenge

 How can administrators ensure that both backup and record retention polices, procedures and controls are:  implemented   make sense work © Copyright 2004 LXI Corp.

Key Ingredients

    Information Security Information Administration Media Management Data Integrity © Copyright 2004 LXI Corp.

Information Security

 Establish procedures and controls that protect   Confidentiality – who can see the data Integrity – how data is changed  Availability – how data is accessed © Copyright 2004 LXI Corp.

Information Management

 Ensure all stored electronic records are   True – created from valid processes Complete – all data is captured  Authentic – unchanged  Accessible – easily retrieved © Copyright 2004 LXI Corp.

Media Management

 Implement protections that reasonably protect against  Loss – disaster, overwritten tapes   Alteration – deleting or change any part of a record or document Destruction – intentional or accidental © Copyright 2004 LXI Corp.

Data Integrity

 Setup processes, procedures and technologies that will ensure  Easy identification (Indexing)    Quick location Simplified recall Accurate restore  For individual files and entire systems © Copyright 2004 LXI Corp.

Addressing the Paradox

       Identify a Compliance officer Conduct internal assessment Perform Gap analysis Establish corporate policies relative to internal and external requirements Build processes with controls Implement technologies that enable the policies Educate everyone © Copyright 2004 LXI Corp.

Word about Controls

 Employees execute controls  Management design controls  Auditors examine controls  Regulators legislate controls © Copyright 2004 LXI Corp.

Controls

 Logical point in a process or work flow that documents the success or failure of the preceding steps  Examples  Invoice    Shipping manifest Order pick list Change request © Copyright 2004 LXI Corp.

Control Example

Reports completed and failed backups

Backup occurs •

Compares list to actual results

Packing List •

Signed document at pick up

Control Point Tapes put into container Control Point Container picked up Control Point © Copyright 2004 LXI Corp.

Record Retention vs. Backup

 Data stored for regulatory compliance should be stored separately from general backups  Backups should not be used for regulatory compliance  Reduce the time backups are kept © Copyright 2004 LXI Corp.

Benefits of Compliance

 Justification for new technologies   Centralization Simplification  Standardization  Vision of technology that  Improves the bottom line   Reduces risk Eliminates waste © Copyright 2004 LXI Corp.

Resources

       Industry trade organizations Storage Network Industry Association www.snia.org

www.soxtoolkit.com

www.cio.com/newrules www.hipaadvisory.com

www.irch.com

www.findlaw.com

© Copyright 2004 LXI Corp.

Questions

Contact information [email protected]

214.260.9005

© Copyright 2004 LXI Corp.