Department of Corrections and Rehabilitation - Operations Manual

Chapter 4 – Information Technology

Article 62 – eDiscovery and Litigation Hold Policy

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49190.4 Policy Directives

  • The department shall:

    • Preserve specific active and archived stored information and follow department data classification procedures when a litigation hold request is made.

    • Provide a written litigation hold notice to all involved parties with clear instructions on what should be preserved and held.

    • Ensure data and metadata are stored in a manner such that the data source is known and secured.

    • Ensure necessary and appropriate record retention systems are created and maintained consistent with the records management policies outlined by the Secretary of State’s Office.

    • Ensure proper controls for the preservation of data are implemented, including electronic communications which may reasonably be subject to legal proceedings.

    • Establish a process for the intake and fulfillment of PRAPublic Records Act requests.

    • Establish standard protocols for the collection, analysis, and delivery of data including chain of custody, data integrity and auditability of records.

    • Provide Records Retention and eDiscovery training to appropriate staff.

    • Return or destroy all preserved or archived data to the affected individuals and resume the normal destruction schedule after the legal duty to preserve evidence ends.