The following is from Barclay T. Blair in a post titled, “My prediction: Predictive coding will help information governance get real . I would encourage you to click over and read the whole thing.
Predictive coding software, for example, uses a small set of responsive documents to train the coding engine to find similar documents in the much larger document pool. The results can be validated through sampling and other techniques, but the net result is that the right documents can potentially be found much more quickly and cheaply.
Of course predictive coding is just a class of technology. It is a tool. An instrument. And, as many aspiring rock gods have learned, owning a vintage Gibson Les Paul and a Marshal stack will not in and of itself guarantee that your rendition of Stairway to Heaven at open mic night will, like, change the world, man.
So why did I go to the Predictive Coding Bootcamp? I went because I believe that Information Governance will only be made real when we find a way to apply the technologies and techniques of predictive coding to IG. In other words, to the continuous, day-to-day management of business information. Here’s why:
Human classification of content at scale is a fantasy.
I have designed, implemented, and advocated many different systems for human-based classification of business records at dozens of clients over the last decade. In some limited circumstances, they do work, or at least they improve upon an otherwise dismal situation. However, it has become clear to me (and certainly others) that human based-classification methods alone will not solve this problem for most organizations in most situations moving forward. Surely by now we all understand why. There is too much information. The river is flowing too quickly, and the banks have gotten wider. Expecting humans to create dams in the river and siphon of the records is frankly, unrealistic and counterproductive.
Others have come to the same conclusion. For example, yesterday I was discussing this concept with Bennett B. Borden (Chair of the Information Governance and eDiscovery practice at Drinker Biddle & Reath) at the MER Conference in Chicago, where he provided the opening keynote. Here’s what Bennett had to say:
“We’ve been using these tools for years in the e-discovery context. We’ve figured out how to use them in some of the most exacting and high-stakes situations you can imagine. Using them in an IG context is an obvious next step and quite frankly probably a much easier use case in some ways. IG does present different challenges, but they are primarily challenges of corporate culture and change management, rather than legal or technical challenges.”
The technology has been (and continues to be) refined in a high-stakes environment.
E-discovery is often akin to gladiatorial combat. It is often conducted under incredible time pressures, with extreme scrutiny of each decision and action by a both and enemy and a judge. The context of IG in most organizations is positively pastoral by comparison. Yes, there are of course enormous potential consequences for failure in IG, but most organizations have wide legal latitude to design and implement reasonable IG programs as they see fit. Records retention schedules and policies, for example, are rarely scrutinized by regulators outside of a few specific industries.