Deletion has to be Defensible, even for the IRS

The painful lesson learned when ignoring backup tapes as part of your defensible deletion and data governance policies

DefDel email

by, Jim McGann

Lois Lerner’s emails are gone. We know this, but more than a server issue or hard drive crash, the backup tapes that archived the untampered with and complete records of those emails were destroyed.

Now, it could cost IRS Commissioner John Koskinen his job. 18 US Congressman are seeking impeachment against Koskinen on the grounds of his “failure to check Lerner’s cell phone and backup tapes that contained missing emails related to the scandal.”

According to a Wall Street Journal article, there are a few points that Koskinen is being accused of, all which could have been avoided with a proper data governance policy and documentation of the policy.

  1. “In February 2014 Congress instructed Koskinen to supply all emails related to Lerner… A few weeks after the subpoena, IRS employees in West Virginia erased 422 backup tapes, destroying up to 24,000 Lerner emails.”

Tapes need to be incorporated into governance policies. Had these tapes been part of a defensible deletion or information governance policy, they likely would have been managed properly and treated as records or defensibly deleted as a part of the normal IT process.

  1. “The second charge cites “a pattern of deception” and three “materially false” statements Koskinen has made to Congress, under oath, including his assurances that no Lerner emails had been lost. In fact Lerner’s hard drive had crashed and employees erased tapes.”

After disaster recovery, tapes can become a defacto archive. Once a tape is no longer useful for disaster recovery, it’s nothing more than a snapshot of data. Despite any legal claim stating otherwise, they serve no other purpose except for a defacto archive and should be treated as such. Financial burden and inaccessibility arguments are also becoming null and void.

  1. “A final charge accuses Koskinen of incompetence, noting how despite his insistence that his agency had gone to “great lengths” to retrieve lost Lerner emails, the IRS failed to search disaster backup tapes, a Lerner BlackBerry and laptop, the email server and its backup tapes. When the Treasury Inspector General did his own search, he found 1,000 new Lerner emails in 14 days.”

Data – email included – never dies (easily). When creating policy, it’s important to understand where the data goes: desktop, secondary hard drive, server, backup tapes, disk, archive. By understanding this and creating (and auditing) policy restricting portable devices, PSTs and other places data can go, an organization can more effectively create an enforceable policy and manage risk and liability.

Data, including what is archived on backup tapes, must be properly audited and managed. When data is deleted without an understanding of why, how and when, problems inherently arise, especially if this data is at the heart of high profile litigation. All data – especially data on backup tapes – should have a governance policy surrounding it to make it defensible and avoid the pitfalls of the IRS.

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