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STOP THE
ILLEGAL DUMPING OF RECORDS!
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| The
Need For Service |
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| 1.) Every
Business Has Information That Requires Management |
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All businesses have occasion
to discard or store confidential data. Customer lists, price lists, sales
statistics, drafts of bids and correspondence, and even memos, all
contain information about business activity which would interest any
competitor. Every business is also entrusted with information that must
be kept private. Employees and customers have the legal right to have
this data protected.
Without the proper safeguards, information ends up in
the dumpster where it is readily, and legally, available to anybody. The
trash is considered by business espionage professionals as the single
most available source of competitive and private information from the
average business. Any establishment that discards private and
proprietary data without the benefit of destruction, exposes itself to
the risk of criminal and civil prosecution, as well as the costly loss
of business. Due diligence in selecting a records storage or imaging
company may also produce risks associate with disclosure of confidential
information.
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| 2.) Stored
Records Should Be Destroyed On A Regular Schedule. |
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The period of time that
business records are stored should be determined by a retention schedule
that takes into consideration their useful value to the business and the
governing legal requirements. No record should be kept longer than this
retention period. Many storage firms charge extra fees for you to
destroy your own records with pull fees or perm-out fees. They want you
to keep the records on their shelves for ever, paying the storage fees.
By not adhering to a program of routinely destroying
stored records, a company exhibits suspicious disposal practices that
could be negatively construed in the event of litigation or audit. Also,
Federal Rule 26 requires that, in the event of a law suit, each party
provide all relevant records to the opposing counsel with 85 days of the
defendants initial response. If either litigants does not fulfill this
obligation, it will result in a summary response. By destroying records
according to a set schedule, a company appropriately limits the amount
of materials it must search through to comply with this law.
From a risk management perspective, the only
acceptable method of discarding stored records is to destroy them by a
method that ensures that the information is obliterated. Documenting
the exact date that a record is destroyed is a prudent and recommended
legal precaution. |
| 3.)
Incidental Business Records Discarded On A Daily Basis Should Be
Protected. |
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Without a program to control
it, the daily trash of every business contains information that could be
harmful. This information is especially useful to competitors because it
contains the details of current activities. Discarded daily records
include phone messages, memos, misprinted forms, drafts of bids and
drafts of correspondence - are all targets of "Dumpster
Divers." |
| 4.) Recycling
IS NOT An Adequate Alternative For Information Destruction! |
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To extract the scrap value
from office paper, recycling companies use unscreened, minimum wage
workers, to extensively sort the paper under unsecured conditions. One
east Texas community recycling operation even uses prison labor! The
acceptable paper is stored for indefinite periods of time until there is
enough of a particular type to sell. The sorted paper, often still
intact, is then baled and sold to the highest bidder. Some shredding
companies are actually recycling operations and use the destruction
business as a means to increase their paper volumes where their true
profits are made.
There is no fiduciary responsibility inherent in the
recycling scenario. Paper is given away or sold and, by doing so, a
company gives up the right of say in how it is handled. There is, also,
no practical means of establishing the exact date that a record is
destroyed. In the advent of an audit or litigation, this could be a
legal necessity. And, further, if something of a private nature does
surface, the selection of this unsecured process could be interpreted as
negligent. For all these reasons, the choice of recycling as a means of
information destruction is undesirable from a risk management
perspective. Which is exactly why, in Texas, a governmental agency
must first render the information unrecognizable as a government
document before selling or giving it to a recycler.
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