Legal and Litigation Requirements for Recording SMS and Capturing Voice Calls – [Infographic]

Various companies and organizations across different industries are currently using mobile SMS and voice calls to communicate with their clients, and they must retain such communications data. There are various data retention regulations set in place to mitigate any risks by allowing such forms of communication to be utilized in the workplace.

Businesses and organizations must archive their business communications like mobile SMS and phone calls to take the regulatory and litigation complications of data retention into consideration. The amended Federal Rules of Civil Procedures states that all emails, communications, files, directives, and requests that are relevant to litigation must be retained and put on legal hold.

The electronic archiving standards of the FRCP are focused on securing the “just, speedy, and inexpensive determination of every action and proceeding.” The current FRCP archiving standards are grounded on limiting both the scope and cost of an extensive discovery request, ensuring the cooperation between parties to hasten the resolution of disputes, and allowing for flexible penalties when reasonable steps were taken to retain data.

Besides the FRCP, amended Rule 26 also states that emails and instant messages that will be relevant or are currently relevant to litigation must be retained along with the rest of an organization’s electronic communications. Companies must also know where their communications data is stored at all times to reduce the duration and cost of the eDiscovery phase.

Should companies fail to preserve the relevant communications data, then they will be sanctioned by the court under amended Rule 37(e).

Organizations must ensure that they are sufficiently equipped to comply with regulatory standards on data retention and to avoid any implications. For more information on such standards and the consequences, see this infographic by TeleMessage.


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