4/10/2015. Beyond Records ediscovery and Information Management. Speaker Bio. Where are we and how did we get here? DISCOVERING "DARK DATA"

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1 Beyond Records ediscovery and Information Management DISCOVERING "DARK DATA" Speaker Bio Bill Tolson is the owner of Tolson Communications LLC, an information governance and ediscovery consulting and content creation organization located in Colorado. Bill is a technology writer, consultant and blogger with 20 plus years of experience in the information governance, archiving and ediscovery markets. Bill is a frequent speaker at legal and information governance industry events and has authored numerous magazine articles and is the author of two ebooks: The Know IT All s Guide to Discovery and The Bartenders Guide to ediscovery as well as the coauthor of the book Archiving for Dummies Bill has two industry blog sites: Where are we and how did we get here? Corporate data doubles every 12 months Very little is being deleted Cloud storage is gaining in popularity, especially private clouds And civil lawsuits are still rising 3 1

2 Where are we and how did we get here? Companies don t manage all of their information If they manage anything, they manage their records (5% of corporate data) 95% of digital information is not managed by the enterprise Employees are relied on to actively manage their data (not just records) Many/most don t. Uncontrolled/unmanaged data is the direct cause of Dark Data 4 The Lifecycle of Data 2/18/ What is Dark Data? Dark Data is data that an organization: Doesn t know it has Has no idea what's in it and therefor doesn t know its value Doesn t know where its stored And doesn't know who controls it 6 2

3 What is Dark Data Specifically? Old files, , revisions, personal backups, PSTs, etc. Duplicates, copies of copies Data not indexed or managed by IT Its not available to anyone else It can be stored anywhere Its value is unknown It consumes IT resources It s a huge liability (regulatory/ediscovery) Otherwise known as Data in the Wild or unmanaged data 7 Dark Data it s a good thing? Custodians don t follow retention policies - anyway We don t have to worry about spoliation if we keep everything Storage is cheap right? We can use it for Big Data projects 8 Does your General Counsel agree? Unstructured data in general is a liability Dark Data means no one knows what's in it or where its stored So is it evidence? Because the data is Dark, the chances of inadvertent deletion is much higher Storage is not cheap when you consider the fully loaded cost Dark Data drives up the cost of ediscovery because it must be collected, processed, and reviewed 9 3

4 What Data Matters? In Discovery, it all does Business Value 25% Legal 1% Regulatory 5% Potentially Valueless 69% 10 The Lifecycle of Data /18/ The Lifecycle of Data /18/

5 Why does Dark Data Exist? Information is created, received and consumed so quickly, there isn t time to manage it Also, many times there's no company-wide culture of information management 13 Why is Dark Data a problem? Dark Data consumes storage space Cost of fully loaded storage Dark Data consumes IT resources Nightly backups, DR planning Dark Data masks security/privacy risks PII, PHI, IP leakage Dark Data raises the risk of non-compliance Regulatory retention requirements Dark Data raises ediscovery cost and risk Much higher collection and review costs 14 Where is Dark Data? Exchange Server Backup Tapes Cloud Storage CDs/DVDs SharePoint Server Custodian Workstations Pop3 Server Thumb Drives File Shares Social Media Smart Phones 15 5

6 Dark Clouds Personal clouds - clouds employees used for additional storage Contain both personal and company information Contain company sensitive data - PII Not protected or backed up by the company Major problem for discovery In 2013, 77% of companies had employees with rouge clouds deployed In 40% of those instances, confidential data was exposed 16 A Dark Data Example # of employees Individual Total Local storage 21, GB 273 TB Share drives 21,000 3 GB 63 TB Rouge Clouds 1,050 5 GB 5.25 Totals 21 GB TB Or Billion pages of information 17 The Cost of Discovery The plaintiff s attorney main job description: Cause the defendant as much pain as possible so that they settle and you never have to go to trial. The number one tool.to cause pain: discovery 3/5/

7 The Cost of Discovery The average cost to respond to one discovery request in 2012 was $1.5 million Discovery is the process of turning over data (evidence) to the other side in a lawsuit Before data is turned over, it must be found, secured, and reviewed for relevance, privilege and confidentiality The cost of discovery is divided into the following processes: Collection: 8% Review: 73% The rest: 19% 19 The Cost of Discovery 1 GB of data can hold between 10,000 and 75,000 pages of content The average data collected per custodian in a lawsuit is 3 GB The cost for a legal professional to review content is $45 to $350 per hour The average legal professional can review 50 pages per hour for relevance, privilege or confidentiality The cost range to review 3 GB of content from just one custodian would be between $27,000 and$1.575 million and take between 600 hours and 4500 hours 20 Discovery Costs & Estimated Savings 2/18/

8 The Cost of Discovering Dark Data ediscovery Review: Number of pages Review rate: Pages/Hr Review rate: $/Hr Cost 2,000, $45 $1,500, , $45 $465,000 Savings 1,380,000 $1,035, So Who's Responsible? The CEO The CIO/CTO The GC The VP of Records Management Everyone Dark Data is a direct consequence of a lack of Information Governance 23 The ROI of Information Governance Getting control of all your data will: Save on storage costs Increase employee productivity Save big on ediscovery and regulatory response costs 24 8

9 Bringing Dark Data into the Light Recruit an executive sponsor who really believes in the goals probably a GC or CIO Understand the problem 1. What to do with the existing 341 TB of dark data 2. What to do with ongoing newly created data 25 Bringing Dark Data into the Light Understand the problem 1. What to do with the existing 341+ TB of dark data 26 Bringing Dark Data into the Light Understand the problem 2. What to do with ongoing newly created data 27 9

10 Conclusion Every organization has Dark Data Its probably much worse than you think Dark Data is a huge ediscovery and regulatory risk Ignoring it just makes it worse Getting control of Dark Data is a long term process, but will payoff over time Start Now 28 Q & A Bill Tolson Tolson Communications LLC Bill.Tolson@TolsonCommunications.com 10