A focal point of recent discourse in the legal realm is the tension emerging from the unique challenges posed by information governance in both domestic and international regulatory enforcement. The conversation centers around two dichotomies — the geographic dichotomy of ‘Here’ and ‘There,’ and the practical dichotomy of ‘Keep’ and ‘Delete.’
A deeper dive into the 2023 Data Security Incident Response (DSIR) Report offers insights into this issue. The study reflects on over 1,160 incidents that occurred in 2022, highlighting the ever-increasing importance of robust and efficient information governance structures.
Addressees to note for possible queries or comments on the report include jsherer@bakerlaw.com; byantis@bakerlaw.com; and lrecord@bakerlaw.com, who form part of the research team from BakerHostetler.
The ‘Here’ and ‘There’ dilemma refers to the geographic jurisdiction of data. In a world defined by the digital landscape, where does certain data reside? And more importantly, which country’s regulations should govern it?
On the other hand, the intricate relationship between ‘Keep’ and ‘Delete’ sheds light on another key issue. While organisations might want to store certain information for business continuity or legal purposes, data retention also attracts potential risks, including legal liabilities and cybersecurity threats.
The 2023 DSIR report underscores the importance of addressing these complex issues to effectively manage information governance, particularly in an era where digital data is becoming increasingly pervasive and paramount.
For those in the legal profession, especially those involved with corporations and law firms, understanding these critical tensions is a mandate. It will not only play a crucial role in defining how regulations evolve but may also shape the very landscape of international law in the near future.