Monday, May 16, 2005

Lurking Liabilities in Security Law

This is an article that could provoke some food for thought among CIO's with regard to the evolving landscape of legal liabilitites as it relates to security.

CIOs have a new name to know: Zubulake. And if they don't, they could be heading for trouble. Zubulake is shorthand for the case of Zubulake v. UBS Warburg LLC, which was heard recently in a federal court in New York. The court's decisions in that case established new standards for retaining electronic data. "The courts are increasingly depending on companies and their lawyers to produce electronic evidence and to make sure it's not destroyed," says Adam Rosman, a lawyer at Zuckerman Spader LLP in Washington. "It was an obligation that didn't previously exist."

The article lists 5 regulatory impacting security issues that are eluding CIO's at the moment:

  1. A threat of legal or regulatory action
  2. Security threats from employees
  3. Corporate relationships with third-party service providers
  4. Changes in best practices
  5. Double-edged audits
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