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| Q. |
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Does our company have any confidential
material? |
| A. |
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All businesses have confidential material; they just have
not examined what they are disposing. Customers lists, price
lists, sales statistics, drafts of bids and correspondence,
and even memos, 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. Business
espionage professionals consider the trash 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. |
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| Q. |
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How long should we keep records on file
before we shed? |
| A. |
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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.
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. In addition, the new Federal Rule 26 requires that, in
the event of a lawsuit, each party provide all relevant records
to the opposing counsel within 85 days of the defendant's initial
response. If either of the litigants does not fulfill this obligation,
it will result in a summary finding against them. By destroying
records according to a set schedule, a company appropriately
limits the amount of materials it must search though 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 unreadable.
Documenting the exact date that a record is destroyed is a prudent
and recommended legal precaution. |
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| Q. |
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What should we do with our daily incidental
business records? |
| A. |
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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. All businesses suffer potential exposure
due to the need to discard these incidental business records.
The only means of minimizing this exposure is to make sure such
information is securely collected and destroyed. Security container
service is available for the protection of the information you
generate daily. |
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| Q. |
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Is recycling an adequate alternative for
information destruction? |
| A. |
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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. The acceptable paper is stored
for indefinite periods until there is enough of a particular
type to sell. The sorted paper, still intact, is then baled
and sold to the highest bidder, often overseas, where it may
be stored again for weeks or even months until it is finally
used to make new products. 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 say in how it
is handled. In addition, there is no practical means of establishing
the exact date that a record was destroyed. In the event of
an audit or litigation, this could be a legal necessity. 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. If environmental responsibility is a concern, materials
may be recycled after they are destroyed or a firm can contract
a service that will destroy the materials under secure conditions
before recycling them. Any recycling company that minimizes
the need for security has its own interests in mind and should
be avoided. |
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| Q. |
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Our records storage company provides shredding
service...is that sufficient? |
| A. |
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Many commercial record storage facilities offer records destruction
as a service to their customers. However, in a survey conducted
by the National Association for Information Destruction, a majority
of the commercial storage firms was found lacking the equipment
necessary to provide the service themselves. It is a common
practice in that industry to subcontract the destruction of
the records. In some cases, disreputable storage firms were
found misleading their customers by charging for secure record
destruction, while the materials were being sold to a recycling
company for scrap.
Any business using a commercial records storage firm should
inquire as to the nature of the destruction services that are
available. It is an unacceptable risk to permit a storage firm
to select a subcontractor to provide the records destruction
service. The owner of the records is ultimately responsible
for their security and, therefore, should be selecting the vendor
directly. |
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| Q. |
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Should internal personnel be responsible
for destroying certain information? |
| A. |
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Common sense dictates that payroll information and materials
that involve labor relations or legal affairs should not be
entrusted to lower level employees for destruction. But, beyond
that, competition sensitive information is best protected from
them as well. It has been established, repeatedly, that employees
are the most likely to realize the value of certain information
to competitors. And, lower wage employees often have the economic
incentive to capitalize on their access to it. The only acceptable
alternatives are to have the materials destroyed under the supervision
of upper management or by a carefully selected, high security
service. |
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| Q. |
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Is information protection a vital issue
to senior management? |
| A. |
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In a survey conducted by the Conference Board, top executives
from 300 companies ranked the security of company records as
one of the top five critical issues facing business. When asked
which issues required immediate attention and policy development,
the security of company records ranked second only to employee
health screening. |
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Cutting Edge
Document Destruction
3301 W. 47th Pl. Chicago, IL 60632
Contact Us For A Free, No Obligation Custom Quote!
Call 630.226.1303

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