Protecting Electronically Stored Information

All businesses need to utilize take precautions to ensure that their confidential information is protected. Electronically stored information, ESI, consists of many types of data that is stored through electronic means. Just about all information about your business and its customers is stored and kept for a period of time. One of the most important aspects of managing your business is protecting electronically stored information.

Confidential Information

There is a need to protect many types of confidential information. This may include such things as employee and customer information, trade secrets, marketing information, intellectual property, credit card data, and financial information. Privacy and data breaches may be covered by local, state, or federal laws, which may change from time to time. Consult with an experienced business attorney to ensure that you are following the current regulations.

Create an ESI Policy

There is a definite need today for businesses to establish policies to deal with electronically stored information. Policies and procedures should be put in place to address the use of information in all of its various forms. Particular attention must be paid to the relevant rules and laws that govern these activities. For example, data breach statutes require businesses to timely notify anyone impacted by a breach of security. The failure to make proper notification could become a serious legal matter.

Determine Areas of Risk

There are a number of places where confidential information is stored. These places usually include computers, servers, laptops, shared drives, networks, backup sites, and other areas. All potential areas need to be identified and new areas must be considered when making policies pertaining to ESI. Each of these areas has some risk; however, certain areas are riskier than others. Any information that can be accessed remotely is of great concern.

Maintaining and Storing Information

Proper maintenance and storage of information is essential for protection of information. If confidential information is not properly taken care of it could cause a breach of security. Those negatively impacted by the breach could be responsible for damages that happened as a result. Therefore, it is in your company’s best interest to take every step possible to secure all data. You must continue to update your security systems in place to keep up with technology advances. If your business needs help drafting or implementing ESI security procedures, or with related litigation, contact the legal team at Udall Shumway PLC to assist with your legal needs.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Electronically Stored Information, or any other litigation matters, please feel free to contact Roger C. Decker at  480.461.5343, log on to,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.