Social Media and Records Management - FRMA Homefrma.org/script/uploads/file/FRMA Social Media...
Transcript of Social Media and Records Management - FRMA Homefrma.org/script/uploads/file/FRMA Social Media...
½ Day SeminarPriscilla Emery ‐ President
e‐Nterprise Advisors
Social Media and Records Management
Course ObjectivesAt the end of this Seminar you will be able to:
• Have a solid understanding of the nature of social media and the pros and cons of using these technologies in your business.
• Be able to make a more informed decision about how to manage the use of social media within your organization and provide senior management with the guidance they need from a records manager’s perspective.
• Understand the implications of developing a social media policy and what elements need to be covered across ALL your regulated communications.
• Identify tools and techniques that can be used to retain social media artifacts.
Agenda
• The Benefits and Challenges of Social Media and Networking• Implications of Social Media on Records Management• Social Media Management Strategies• Best Practice • Vendor Outlook and Tools to Support RM of Social Media
The Journalistic Approach• What is social networking?• Who is using it?• Where is it being used from a business context?• Why is this an important issue for Records Managers?• How Do Records Managers work to manage this phenomenon without looking like they live in the Dark Ages?
The World of Information Is Changing Fast
What is Social Networking?
• Social networking is the practice of expanding the number of one's business and/or social contacts by making connections through individuals.
• Using the Internet to promote such connections is now fully recognized and exploited, through Web‐based groups established for that purpose.
• Based on the six degrees of separation concept
Examples
Social sharing (File, Sync, Share)
Video Photographs
Presentations
Bookmarks
Files
Social networks• Contact management• Expertise management• Can be used to find and tap unknown resources• Alternative to e-mail
• That users are already using• That allows tagging, blogging, etc.
Who Is Using It?
ARMA Orlando on Linkedin
U.S. Unique Visitors, January 2015
Unique Visitors(in millions)
Facebook 163.09
Pinterest 50.5
Twitter 85.52
Source: Statista
© 2015 e‐Nterprise Advisors
Social Media and Retention Issues• Here’s one perspective
Roll The Tape
Where is it Being Used in Business?"It was never very clear to us who the authoritative sources were, who was good at solving problems. Now we can see a lot of that because we're starting to see patterns emerge:
•Who follows whom•Who's the good source of questions•Who's the good source of answers
All the things you know by the grapevine, we now have data for.”‐‐John Parkinson, TransUnion
Real Business Applications and Benefits• Knowledge Sharing and Management• Marketing Initiatives• Project Management• Digital Asset Management and Resource Sharing• Reduction of Paperwork• Reduced Travel for Collaborative Work and Projects
Dedicating Resources to Social Media Initiatives
Yes40%
No60%
Budget
Yes57%
No43%
Employees
Source: Social Software in Business Survey, Babson Executive Education & Mzinga, Sept. 2009
And Regulators Are Testing This Everyday
• SEC Ruling on Netflix Use of Facebook• Note difference between company communication and individual communication
• Let’s check out video
Discovery of Social Media• Still a Minefield – Need to tread carefully• Court Decisions are not consistent.
Why is This an Important Issue for Records Managers?
• Do these tools create records? • How do we manage the records these tools create?
• Are they discoverable?
How Can You Manage This Phenomenon?• You could say NO!
But this is what you’d get
Example: Florida Judges and Lawyers
• Cannot “friend” on Facebook• But does not necessarily stop “Friend” behavior.
• Can you say “iPhone” or “Blackberry”?
K.I.S.S. Approach is Best• Keep it simple and communicate how NOT to be stupid.
Policy 2.0 – in 140 characters• Our Twitter policy: Be professional, kind, discreet,
authentic. Represent us well. Remember that you can’t control it once you hit “update.”
Source: Jesse Wilkins, Access Sciences
Policy 2.0 – in 3 words• Don’t be stupid
Policy 2.0 – in 2 words!• Be professional
Let’s Look At Some Examples• NYS Social Media Policy• Texas Social Media Policy.pdf• State of Washington
Social Media Enhances Business Activity…
• And it’s free• You should set policies, and make everyone understand the implications of use.
• You should ensure that company social media pages are preserved in their native format, with the ability to replay as if they were live. • Video• Links• Flash, et al
• Simple screenshots are not accepted in regulatory situations. • You must be able to prove the exact content of your social media pages from any given date.
Monitor the Use of the Tools
• Any tool used on business time on a business computer is subject to monitoring and review.
• According to Gartner 60% of firms will have programs in place to monitor social media accounts, including Facebook, Twitter, YouTube, and LinkedIn, for security breaches and data leaks.
• But don’t cross the line: If a manager views a public and open Facebook profile to determine the sexuality or marital status of an employee that would violate employment privacy and equal opportunity laws
Remember to Educate on Security and Privacy
• These tools all have security and privacy settings.
• Teach people how to use them.
Plan for Discovery• Take snapshots of posts on Facebook and Twitter on a periodic basis
• May be able to be done through RSS feeds but monitoring is still required.
• Facebook posts can be deleted but are they destroyed?
Challenge ‐Declaration
• Declaration: What is a social media record? Social Media content is difficult to define as a record. Agencies are still grappling with records management for email, much less wikis and blogs.
• Social media content that is record material must be identified as such by system users if there is no automation support for records identification (largely absent from current social media applications).
• Social media systems do not generally lend themselves to handling system content as business records that may require separate handling and application of business rules.
Source: Best Practices Study of Social Media Policies, ACT C&T SIG, March 2011
Challenge ‐ Capture• Social Media Capture : Much of social media content is in the public domain and, therefore, not under control of an agency or company causing difficulty in capturing content.
Challenge ‐Metadata• Social Media Metadata: Applying metadata to tag social media content for retrieval is difficult. Many agencies are using manual methods of adding metadata for social media content.
• Can you say #hashtag?
Challenge ‐Disposition• Social Media Scheduling/ Disposition: Lack of control of the content makes scheduling and disposition of records difficult.
Challenge ‐ Education
• Staffing and Education: Education is needed to implement a successful social media records policy.
Example: Christou v. Beatport LLC• The plaintiffs alleged that the defendants attempted to deter “A‐list” disc jockeys from playing at their competing nightclub.
• The plaintiffs moved for spoliation sanctions after learning that the defendants failed to disclose any text messages from a key defendant’s cell phone in response to the first discovery request.
• The defendants had a duty to preserve the information.• Lesson Learned: Include text messages in the body of records and information being preserved for litigation.
• References: • Policy Design for Managing Electronic Messages (ANSI/ARMA 19‐2012)• Procedures and Issues for Managing Electronic Messages as Records
Source: Kroll OnTrack
Example: PhoneDog vs Kravitz• Question: Who owns a company’s Twitter followers?• Double‐lawsuit, with blogger Noah Kravitz, and tech blog PhoneDog, in a legal battle over a Twitter account.
• Kravitz took PhoneDog to court over his share of the site’s advertising revenue.
• PhoneDog countersued, taking former editor‐in‐chief to court for the ownership of his Twitter account, which he started during his employment at the blog.
• Kravitz took his PhoneDog Twitter account and changed the tag name to @NoahKravitz
• How would you rule? Source: Fortune Magazine
Lessons Learned• Social Media Policy should deal with:
• Ownership of account• Rights to business content• Transfer of control of corporate account
• Intellectual Property Rights Need to be Clarified Up Front• Specify who owns user‐generated content.• Who has authority to speak for the organization?
Human Resources Needs to Take Care• Vetting potential employees based on social media can be illegal especially if searching for personal info.• Asking for a Twitter or Facebook password is illegal in some states.• Potential for discrimination lawsuit based on age, sex, etc.
• Should conduct consistent searches for all applicants.• Maybe use a third‐party to do investigation
• Maintain records of all searches.
Example: Mailhoit vs Home Depot• Request for Plaintiff’s Facebook, Twitter and other social networking accounts was overly broad.
• Need to be focused on specific communications with other employees and the company.
• Bottom Line: Social Media is ESI so it should be treated that way.
Example: Lester vs Allied Concrete Company• Wrongful death suit• Driver was guilty and suit was for damages• Plaintiffs initially awarded $10M• Defense cited spoliation of Facebook‐based evidence• Adverse inference cited against plaintiff’s lawyers of over $700,000 because they advised client to “clean up Facebookpage” after lawsuit was in progress.
• Lesson: Facebook pages are evidence.• If you want to be looked at in a good light, make sure your Facebook page is “cleaned up” all the time.
Example: Government Agencies Not Immune
• Orange County, Fl County Commissioners and Mayor and Lobbyists texting in relation to Sick Day Legislations
• Deleted text messages• Text messages are already covered under Florida’s Sunshine Law.
• Texts needed to be recovered.• Follow‐up: Texting and Voicemail ban between lobbyists and commissioners proposed
Best Practice ‐ Communication
• Develop communications between social media team and records management: An active team should include RM staff, web managers, social media managers, IT staff, and perhaps other relevant stakeholders is needed.
Source: Best Practices Study of Social Media Policies, ACT C&T SIG, March 2011
Best Practice ‐ Policies• Develop social media policies making use of resources for help: Organizations use multiple information resources when creating policy and implementing processes that model best practices in the use of social media with respect to recordkeeping.
Best Practice ‐Governance• Define roles and responsibilities: A cross‐organizational unit whose primary role is to aid in understanding and guiding agencies or companies in the use of social media and records implications must include identification of roles and responsibilities.
Best Practice – Use Technology• Implement records management for social media as part of ECM: An ECM system (ECMS) for records management should include social media and should have requirements for capturing, tagging with metadata, and scheduling the content.
Keep on the Lookout for New Features in ERM
• ERM software vendors are adding support for social networking features ‐ slowly.
• Have you upgraded your ERM software lately???.
Implement Internal Enterprise Versions of Social Networking
• Addresses the need for collaboration and knowledge management and keeps information within the firewall of the organization.
• Not free but more secure and linked to business process.
Examples• Microsoft Lync• OpenText Social Business / Tempo• IBM Connections
ERM Market
© 2012 e‐Nterprise Advisors
A comprehensive ECM Suite
Engagement LifecycleTransaction
Enterprise Library
Enterprise Process Services
User Experience Services
Document Management
Digital Asset Management
Rights Management
Records Management
Capture and Imaging
OCR/ICR and Classification
Business Process Management
Fax Management
Social Media
Collaboration
Web Content Management
Rich Media Management
Source: Open Text
Source: ZyLAB
Who is Really Doing This?• Vendors Say They Can Manage But To What Degree Depends on the Approach
• Some info lies in other media e.g. Facebook info in texts, e‐mails, etc.
• Archiving Tweets – Library of Congress• What’s Worth Keeping and What Is Not? Still a Relevant Question?
• Still a Lot of “Brute Force” Approaches Taking Shape.• Remember Social Media Applications are Cloud Applications. How are you managing Dropbox, Box.net?
Questions from the Audience
Priscilla EmeryLongwood, FL 32779 USA
E‐Mail: [email protected]