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[Editor's Note: This is the first in a series of articles addressing some of the key issues surrounding corporate responsibility with respect to the privacy of information and security breaches.]
As business information, particularly in electronic format, continues to proliferate, the need to maintain the security of this information is increasing. There are privacy and corporate governance laws that govern the obligation of a company to keep information secure. According to the Global State of Information Security 2006, a worldwide study by CIO magazine, CSO magazine and PricewaterhouseCoopers representing the responses of almost 7800 senior executives, 'Noncompliance runs broad and deep in all industries, and ignorance of applicable law is a big factor.' This article provides an overview of two important information security obligations ' security procedures and practices and document destruction ' under privacy and corporate governance laws.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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