The Sedona Conference® has released the latest Commentary on Inactive Information Sources for public comment today. This commentary provides guidance principles for identifying, classifying, retaining and destroying orphaned, legacy and dormant ESI.  

This work product builds on The Sedona Guidelines in addressing a common problem in large organizations today — information stores that persist long after their business value has expired.  

The commentary provides some background on how inactive data stores are created and why they are pervasive. It then proposes a process for analyzing such information stores (on both a retrospective and a prospective basis) in the ordinary course of business and in the context of litigation. The commentary contains eight principles for analyzing inactive information sources.  

The commentary also contains a flowchart diagram in the appendix which outlines the process for determining the relevancy of information that must be kept for ordinary course of business “retention” purposes (i.e., information retained in accordance with statutory or regulatory retention requirements or internal business retention guidelines), as well as information that is subject to a preservation duty in connection with pending or reasonably anticipated litigation or investigation.  

Click this link to visit the Sedona Conference website and download a copy of this latest commentary.