Issue link: https://epubs.iltanet.org/i/45522
SIX KEY AREAS OF INTELLIGENT LEGAL INFORMATION MANAGEMENT Capture and Monitor with Approval: Counsel should choose solutions that not only capture and monitor interactions, but also capture approval on a site-by-site basis to verify assent by the individual posting the information. Since individuals can interact with social media outside corporate networks, and each site represents a different set of relationships and entities (likely not including the supervising corporation), assent for each account or site captured/monitored is appropriate. This practice minimizes the risk that employees may later claim a particular site was outside the scope of any agreement, or potential claims from third parties that might have captured content without authorization from at least one party. Segment Capturing and Monitoring: Wherever possible, organizations should create separate business identities for social media to minimize the capture of personal or private information. Capturing inherently personal or private content rarely provides value to an organization, and for most businesses it would likely create new risks or obligations. A compelling reason for carefully considering capture methods relates to the duties assumed once in possession of the information. At the very least, when organizations intentionally capture interactions, including those containing personal or private information, the information requires appropriate protection according to a variety of obligations and regulations. 360-Degree Social Governance: Organizations should deploy solutions that can govern three primary categories of interactions: inside-, moderated-, and outside-based interactions. Inside-based interactions arise from within a corporate network or on a corporate-controlled device. Moderated-based interactions occur on corporate-maintained social media sites, such as a corporate Facebook or Twitter account. Outside-based interactions occur on devices/ networks that are not organization-controlled. The bottom line on social media governance is that capturing social media is a distinct technical challenge, and merely capturing it for the sake of collecting it has limited value. Similar to when email became required from a regulatory perspective, and organizations worried about storing it somewhere to meet their obligation, social media are at a comparable stage. However, what is clear is that lawyers and regulators are focused less on the form a piece of information takes, and more on what it actually means. Therefore, the right solution for managing social media will allow counsel to not only monitor and collect it, but also categorize and manage it in real time according to established policies. Meaning-Based Governance: Solutions that can establish the meaning of an interaction, and understand how it relates to potential risk for the organization, are optimal. This allows counsel to derive value and mitigate risk while identifying insights into interactions that can help increase customer service or promote products. Given the sheer volume of potential interactions, and the fact that interactions can be very short (like a tweet) or much more complex (like audio), solutions must possess the ability to find relevant patterns and relationships in the information. Understanding what social media interactions mean is far more important than simply capturing whatever someone can create. www.iltanet.org Risky Business 15