Archiving Transparency and Accountability: Step 3 to Information Literacy

After the first semester that a new course is taught, I have noticed teachers asking each other for a copy of their lesson plans for that course, if they survived a semester teaching it.   This echoes the cries of the United States educational system wanting a miracle teaching method that could be used in any subject for any course for any student’s educational level.  This is the same for information professionals.  They are teachers who are using the same steps to archive, manage records, and perform reference services to help customers gain access to the information housed in various institutions and organizations throughout the world.  Everyone wants the transparency on how to find that information.  Basically, this is the transparency of how we have done are jobs to provide access to this information.

Through my series of steps to information literacy, I have found that the memory is a great place to store how we do our duties but what if others could benefit from knowing “how” we did it?  This goes back to wondering if your clients remember how to use your search tools to access the information stored at their educational institution or other type of organization.  I created a virtual assistant to review with clients the search methods that were covered face to face.  ELA, my Electronic Library Assistant, travels to the clients’ offices, homes, and classrooms, to review those searching methods with them 24/7.  So, it is like me “traveling” with them to help them “tinker” with the methods we discussed before and then “talk” about Step3other ways that they could search on their own through the Three T’s method.

ELA has been found to be very compatible with the customers’ computer skills since they could manage to always keep communications with family, fellow classmates/employees, and friends through their smart phones, tablets, and laptops.  I created a virtual teaching assistant in a blended-animated flipped classroom environment that would incorporate the technology that the customers held dear and allowed them to keep a constant flow of customer engagement inside and outside of their workplaces.  Through this virtual environment, a video archive is created that customers could go back to anytime and anywhere with lessons based upon what I had experienced with them and/or other customers (no customer names are stored).  The teaching methods are stored for continual viewing.

Any archivist, records manager, or other type of information professional, can do this for accountability and transparency of their work to be shown to their customers and departments.  If you are interested in finding out more about it, I will be giving a webinar, for Innovative Educators, Wednesday, March 4, 2015, on how to create accountability and transparency in your job through a virtual teaching assistant.  Information professionals and administrators are shown how to make a virtual teaching assistant and how to incorporate it into their presentations through GoAnimate.com, Screencast.com, and Camtasia.

Stay tuned for more adventures in information literacy.

Read more about ELA:

Editor’s Note – this article first published in Computer Savviness – and republished with the author’s permission.

Advertisement

Your Business Case Of The Week: Avoid ESI Spoliation Penalties!

Peter Kurilecz brought to my attention on Twitter this lovely little nugget about possible new precedent for discovery of electronically stored information (ESI). For our readers who are new to the records management (or legal) profession, discovery is a phase of civil procedure in which parties disclose records relevant to the case to the other party. This is not an optional step in the process; in most cases, the attorneys of the two parties in a civil suit will have a “meet-and-confer” session in which they agree on the terms of what records will be produced. This can be either a general request (“Give me every email you have relating to John Smith” or a specific set of keywords, depending on the level of granularity sought. The author of this piece, Ralph Losey, suggests that future cases will tip towards the specific:

…[M]ore and more courts are requiring the responding party to go the extra step and disclose what searches they did before they concluded that no responsive documents existed. Do not expect that these efforts will always be protected by attorney work-product confidentiality. Expect instead that you will be asked to disclose your search efforts. 

This is potentially a huge amount of extra work for both records managers and legal teams. In particular, if your search methodology is particularly lacking, or if there is reason to believe the records being sought were destroyed improperly, your institution may have to pay spoliation penalties, or have an “adverse inference” lodged against it (in other words, the court will assume the documents were destroyed because they showed some measure of guilt.)  Famously, accounting firm Arthur Andersen had a huge judgment rendered against it for advising its employees to improperly dispose of documents; in the Records Management world, there is the Zubulake case, which set a number of important case law precedents on spoliation, including the ability to impose sanctions for spoliation of digital material, often referred to in legal contexts as ESI (electronically stored information). Needless to say, spoliation is a Very Bad Thing.

“But Brad,” you say, “isn’t this a legal issue, and therefore my institution’s lawyers will know about it?” Well, yes, but that doesn’t mean you don’t have to know about these issues. As a records manager, your creation of records schedules is in large part allowing your institution (and employees thereof) to defensibly delete records. Proper records management allows your institution to invoke Safe Harbor rules, which reduces your institution’s legal liability if they were following records management procedures. Note, however, that the mere fact of having records schedules isn’t enough to invoke this principle– Arthur Andersen, after all, had records schedules in place. Rather, your institution must be following the records schedules as part of the course of regular business.

What this means for you, the records manager, is that your efforts to educate your employees are actually an essential part of protecting your institution from risk invoked by destruction of records. The fact that you are out there instructing employees to follow retention schedules, manage email as records, and only keep documents for as long as their retention schedule specifies, is itself evidence that your institution is properly following records management procedures. As such, you can make a case that a robust records management program reduces the risk of legal action by its very existence. Plus, if records are being destroyed routinely and organized in a fashion that makes them easier to find, that’s less work that the legal team has to do when a request does come in!

(Having said that, “Do this or you’ll get sued” is not always the best argument to make when you’re trying to get buy-in at lower levels, as I discovered when I started at UWM. But that’s another post.)