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Secure Document Destruction
and
Paper Shredding Facts
- Every Business Has Information
That Requires Destruction.
All businesses have occasion to
discard confidential data. Customer lists, price lists,
sales statistics, drafts of bids and correspondence, visitor
logs, and even memos, contain information about business
activity which would interest any competitor or criminal.
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.
- Stored Records Should Be Destroyed
On A Regular Schedule.
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. Also, the new federal rules requires that, in
the event of a law suit, each party provide all relevant
records to the opposing counsel within 85 days of the defendants
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 obliterated.
Documenting the exact date that a record is destroyed is
a prudent and recommended legal precaution.
- Incidental Business Records Discarded
On A Daily Basis Should Be Protected.
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 or criminals 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.
- Recycling Is Not An Adequate Alternative
For Information Destruction.
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 of
time 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. There
is, also, no practical means of establishing the exact date
that a record is destroyed. In the event 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. In many cases, it is also illegal.
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.
- A Certificate Of Destruction Does
Not Relieve A Company From Its Obligation To Keep Information
Confidential.
Any company contracting an information
destruction service should require that it provide them
with a signed testimonial, documenting the date, time, and
by whom the materials were destroyed. The certificate of
destruction, as it is commonly referred, is an important
legal record of compliance with a retention schedule. It
does not, however, effectively transfer the responsibility
to maintain the confidentiality of the materials to the
contractor.
If private information surfaces after the vendor accepts
it, the court is bound to question the process by which
the particular contractor was selected. Any company not
showing due diligence in their selection of a contractor
that is capable of providing the necessary security could
be found negligent.
And, from a practical standpoint, if proprietary or private
information is lost or leaked by the fraud or negligence
of a vendor, the obligations of that vendor are irrelevant.
The firm whose information falls into the wrong hands stands
to lose the most, either from loss of business, prosecution
or unfavorable publicity. This is why it is advisable to
secure the services of a company that does all document
destruction on-site at your location, where the process
can be monitored and the destruction assured.
Since a business cannot transfer its responsibility to maintain
confidentiality, it must be certain that it is dealing with
a reputable company with superior security procedures.
- Internal Personnel Should Not
be Responsible To Destroy Certain Information.
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, time and again, 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.
- Information Protection Is A Vital
Issue To Senior Management.
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.
Courtesy of the National Association for Information Destruction,
Inc.
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"United Document Storage is continually
striving to improve their already
excellent service. We are made to feel that the security and safekeeping
of our documents
is as important to UDS as
it is to us."
RT, Agency of City Government
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