Case Study 7 Stratified Custom Manufacturing, Part 7D

Select a U.S. state or another national government as a point of reference and determine which laws were violated in this situation       

SCM was in direct contravention of the Federal Rules of Civil Procedure (FRCP). The law covers the court procedures for civil lawsuits; the law which was majorly amended in 2006, its provision clearly states that any electronically stored information is discoverable. The law goes ahead to describe on how the electronic data should be produced. Using the law as the premise, a conclusion could therefore be drawn that all companies, in this digital era should know the kind of data they are using, where it is stored and the integrity of the storage system (MacKinnon, 2012). Thus the company needs to put in place policies that better manage the electronic data.

Electronic Communications Privacy Act (ECPA) is both a national and internal law on electronic data which was violated by SCAM. Furthermore, the National Labor Relations Act that prohibits the employees’ use of the employer emails system for reasons other than job-related. Despite the fact that, the threats of non-compliance are well published and publicized, companies have failed to implement this law to the brim and have constantly had to face lawsuits for the same. The improper security on the internet and email use exposes both the company and its executives including the employees’ significant liabilities. Therefore, SCM ought to have had compliance polices to avoid the unfavorable rulings due to failure of producing data that is relevant to the case. Failure to do so did not only imply that the company does not follow or adhere to national laws and policies regarding electronic data but also depicted that the clients’ information security could also be questionable. Such implications will have far reaching consequences in as far as the profitability of the company is concerned.

Identify one (1) of the primary problems found during the implementation planning for the e- Discovery project.          

Electronic discovery (e-Discovery) is a term used to describe how the electronic data is searched, located, sought or secured from intrusion. The intent of e-Discovery is to secure evidence in a civil case which might involve criminality elements. The organization can as well use the e-Discovery to audit the compliance level of its organization’s inform......

Select a U.S. state or another national government as a point of reference and determine which laws were violated in this situation       

Identify one (1) of the primary problems found during the implementation planning for the e- Discovery project.          

Explain how a corporation handles situations, like those described in the case, where policy non- enforcement or selective enforcement becomes a greater problem.

Explain how one goes about protecting data at a level that is commensurate with its sensitivity, value, and criticality when those parameters can change due to circumstances such as a lawsuit

August 29, 2014