e-Discovering Unified Messaging

e-Discovering Unified Messaging

This week I’m switching gears and writing about unified messaging (UM); another agility enabler. Specifically, how UM raises significant e-discovery challenges.

Unified messaging adoption is high, with 53% of organizations we work with already using or planning to use unified messaging, and another 22% evaluating the technology. Organizations see the integration of content into one unified message as a means to increase worker productivity, collaboration and content management through consolidated data stores. But, this consolidation into one integrated data store raises significant e-discovery issues.

To explain, I need to take a step back and talk about the primary instrument lawyers use to conduct e-discovery: The Federal Rules of Civil Procedure (FRCP). In 2006 these rules were amended to change “data compilations,” -- a 1970s term that was relatively easy to work around – to Electronically Stored Information (ESI). Further, Rule 26 states that disclosure can only be denied when ESI is not “reasonably accessible.” Having one central data store certainly improves the chances of something being reasonably accessible.

There are two issues related to the consolidated data store that stops some organizations from enabling UM. First, embedded voicemails will default to email retention policies, unless you do something about this. We find organizations typically delete voicemails on a monthly basis, while emails may be kept… forever. And, second, embedded voicemails are harder to find, index and review during e-discover.

To address these issues, retention policies must shift from location-centric to content-centric. Rather than a blanket retention policy for email, policies are set based on what’s in the email. Embedded voicemails may then be tagged or electronically categorized as “voicemail” for retention, e-discovery and indexing. Then, through the use of archiving and expiration policies that exist in all email systems, you may set different retention rules for different types of email-based content. This approach has benefit beyond just UM. For example, emails with ephemeral content (day-to-day inter-office communications) should have a much shorter retention cycle than emails with health and safety content.

What’s the right retention time? That’s up to your legal and compliance team to decide. However, shifting from location-centric (in email inbox or PBX voicemail inbox) to content-centric (voicemail) facilitates UM without e-discovery challenges.

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