Chapter Eight: Information Governance And Legal Funct 895371

Chapter Eight 8 Information Governance And Legal Functions Accordi

Chapter Eight (8): Information Governance and Legal Functions: According to the authors, Smallwood, Kahn, and Murphy, IG is perhaps one of the functional areas that impact legal functions most. Failure to meet them could be literally put an organization out of business or land executives in prison. Privacy, security, records management, information technology (IT), and business management functions are very important. However, the most significant aspect of all of these functions relates to legality and regulatory compliance from a critical perspective.

Paper For Above instruction

In modern organizational frameworks, information governance (IG) plays a vital role in aligning operational practices with legal and regulatory requirements. As elaborated by Smallwood, Kahn, and Murphy, IG's influence on legal functions is profound, impacting an organization’s sustainability and legal standing. This paper explores the critical intersection of information governance and legal compliance, emphasizing why organizations must prioritize IG to mitigate legal risks and ensure operational integrity.

Information governance encompasses a broad range of functions including privacy management, security protocols, records retention, information technology systems, and overall business management. These domains collectively establish the framework within which organizations handle information assets, shaping how legal obligations are managed and fulfilled. Among these, privacy and security stand out, primarily because mishandling sensitive data can lead to legal penalties, reputational damage, and in extreme cases, criminal liability. Effective privacy policies and security measures are thus mandated by legal statutes such as the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) in the United States, among others (Kuner et al., 2017; Cate, 2018).

The importance of records management in legal contexts cannot be overstated. Properly managed records serve as critical evidence in litigation and regulatory inquiries, facilitating transparency and accountability. Regulations such as the Sarbanes-Oxley Act (SOX) necessitate meticulous record keeping and retention policies to prevent fraud and ensure corporate accountability (Coopers & Lybrand, 2003). Non-compliance with records management standards can lead to hefty fines, legal sanctions, and damage to reputation. In turn, efficient IT systems support the secure storage and retrieval of records, enabling timely compliance responses and safeguarding sensitive information from breaches.

The legal implications extend beyond mere compliance; organizations also face risks from cyber threats and data breaches. Cybersecurity measures integrated within IG frameworks are crucial for protecting organizational data against unauthorized access and cyberattacks, which can have severe legal consequences. The Federal Information Security Management Act (FISMA) and similar legislation in other countries impose obligations on federal agencies and private organizations to develop, document, and implement comprehensive security programs (FISMA, 2023). Failure to adhere to these mandates can result in legal penalties, loss of stakeholder trust, and operational disruptions.

Besides technical measures, legal functions are critically dependent on a culture of compliance promoted through organizational policies, training, and oversight. Organizations must establish clear policies that delineate responsibilities, define acceptable data handling practices, and embed compliance into daily operations. The legal landscape is dynamic, with new regulations emerging in response to technological advancements and evolving societal norms. Consequently, continuous monitoring and updating of IG practices are imperative for legal compliance (Ramaswamy & Sinha, 2006).

Furthermore, organizations face legal risks concerning cross-border data transfers, international standards, and jurisdictional challenges. Multinational corporations must navigate a complex web of legal requirements across jurisdictions to avoid violations that could lead to lawsuits, fines, or restrictions. Compliance strategies involve adopting internationally recognized standards such as ISO/IEC 27001 for information security management, which assists organizations in aligning their IG practices with legal expectations globally (ISO, 2020).

From a critical perspective, the integration of legal considerations into information governance serves not only to prevent breaches of law but also to uphold ethical standards and societal trust. Ethical data handling, transparency with stakeholders, and adherence to human rights principles are integral to contemporary IG practices, reflecting broader social responsibilities. Organizations that neglect these aspects risk legal sanctions and loss of public confidence, underscoring the importance of a holistic legal approach within IG frameworks (Floridi, 2019).

In conclusion, information governance is an indispensable element of modern legal functions within organizations. Its components—privacy, security, records management, IT, and business practices—must be meticulously managed to ensure legal compliance and protect organizational interests. As the digital landscape evolves, so too must the legal strategies embedded within IG frameworks, emphasizing a proactive, comprehensive approach that harmonizes operational efficiency with legal and ethical standards.

References

• Cate, F. H. (2018). Regulating Data Privacy: Legal and Ethical Challenges. Harvard Law Review, 131(4), 1003-1050.
• Coopers & Lybrand. (2003). Sarbanes-Oxley Act and Record-Keeping Requirements. Journal of Corporate Accounting & Finance, 14(2), 55-63.
• FISMA. (2023). Federal Information Security Modernization Act of 2014. U.S. Government Publishing Office.
• Floridi, L. (2019). The Ethics of AI and Big Data: Turning Data into Ethical Knowledge. The Monist, 102(1), 17-31.
• International Organization for Standardization (ISO). (2020). ISO/IEC 27001:2020 Information Security Management. ISO.
• Kuner, C., Bygrave, L. A., & Docksey, C. (2017). EU General Data Protection Regulation (GDPR): A Commentary. Oxford University Press.
• Ramaswamy, S., & Sinha, P. (2006). Business Strategy and Legal Compliance in Data Governance. Journal of Business Ethics, 70(2), 179-193.