AIEF Publishes Report on IM and the Courts, by John Montana
Wednesday, October 17, 2018
The ARMA International Educational Foundation (AIEF) has released a free report titled "Information Management and the Courts: An Update," written by John C. Montana, J.D., FIIM, FAI.
The report analyzes U.S. court decisions on information management in these areas:
- Data breaches and liability – Who owns data collected in cloud-based systems? Who has standing to litigate when breaches occur?
- E-discovery and spoliation – What constitutes ownership, custody, and control of records and data, particularly as the lines blur between personal and business devices, and data distributed among systems is shared by business partners, contractors, vendors, and others?
- Records and information policies and procedures – How do the courts view them; how do they operate in litigation?
- Data rights – What rights does an organization have to data that it receives or collects from clients and other third parties?
The report focuses on cases from 2000 to 2018, with older cases cited as background for discussion of newer cases and topics. Case topics have been selected to reflect current issues of interest and areas where legal doctrine is new or uncertain.
The report supplements earlier work by this and other authors. It's available at