AIEF Research Paper IM and the Courts an update (2018)

A study by John C. Montaña J.D., FIIM, FAI

Funded by the ARMA Metro NYC Chapter.


This report examines and analyzes United States Court decision concerning information management in the following four areas:

  • Data Breaches and Liability – Who owns data collected in cloud-based systems? Who has standing to litigate when breaches occur?
  • E-discovery and Spoliation – What constitutes ownership, custody and control of records and data, particularly as the lines blur between personal and business devices, and data distributed amongst systems is shared by business partners, contractors, vendor and others?
  • Records and information policies and procedures – how do the courts view them; how do they operate in litigation?
  • Data rights – What rights does an organization have to data that it receives/collects from clients and other third-parties?

The report focuses on cases from approximately 2000 to 2018, with older cases cited primarily as background for discussion of newer cases and topics.  Case topics have been selected to reflect current issues of interest and areas where legal doctrine is new or uncertain.

The report supplements earlier work by this and other authors.