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RECMGMT-L  July 2002

RECMGMT-L July 2002

Subject:

Re: Landfill Records

From:

Larry Medina <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Tue, 23 Jul 2002 16:25:32 -0700

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (148 lines)

>So landfills look like a bad idea for disposing of confidential records
>(unless you are a closet archivist that thinks everything should be kept).

Yes, even though the text of the article below says otherwise and then 
qualifies it's advice to say if the information is found, you could be 
liable for damages if they're found.

>So what are we saying is the preferred standard for disposing of
>confidential records?

Shredding and/or pulping, given few states allow for the incineration of 
paper unless it's done under controlled circumstances.

>Do we leave it a hit and miss thing?

Absolutely not, if it's "our" responsibility to draft the documents and 
opinions that will result in organizational policy.

>Do we say that confidential records equate to
>Federal classified records and apply that standard?

If we're in the Federal arena, I'd say this is a safe assumption. 
=)   However, it seems that the recommendations from most commercial 
destruction firms and the written policies I've seen on the web from 
States, Counties, Cities, educational and financial institutions, and 
insurance companies are to use methods similar to those in the Federal 
standard I provide you a link to a week or so ago.. 
http://www.dss.mil/isec/chapter5.htm  (Section 5-705)

>Do we leave it to our vendors to tell what is an acceptable degree
>of reduction and then move blithely on?

NO, seeing as we contract with them for a service, as detailed in the 
article below not only do we ensure a method of destruction is specified in 
the contract, but the time frame in which the destruction is to be 
accomplished needs to be specified as well.  Having the records picked up 
for destruction, even having a certificate of destruction, doesn't relieve 
you from the responsibility of producing them if they're still sitting in a 
processing area awaiting physical destruction.

>Given that the disposal of confidential records hits that headlines
>with alarming frequency should we not have an answer?

Yes, we should... or to answer your question, no, we should not not have an 
answer. =)  This was the gist of the message sent yesterday, it's incumbent 
upon us to evaluate the practices and policies in place currently and 
determine the appropriateness of them for our business and the current 
legal climate.

>Is Shredit's method of chipping records adequate and if
>so why?

Depending upon the size of the text, possibly.  But you need to look at the 
end product on a sampling of your records to determine that.

>Are slit shredders "good enough"?

Again, depending on the content of the records being shredded, 
possibly.  Obviously it's not sufficient if you can read the content, as 
was stated in the example provided by Bill Roach.  And likely no, if it's 
personnel and or financial data.

>Should we require cross cut shredding and if so when
>would the volume be so high as to negate the requirement?

The determination SHOULD NOT be predicated on volume in ANY instances.  The 
determination should be made strictly on the content of the records being 
destroyed, and there are cases when even cross cut shredding isn't 
sufficient.  Some of those would involve medical records, prescriptions, 
classified and or confidential records, and especially microfilm and/or 
microfiche.  In some of these instances, pulping and/or chemical 
dissolution or burning are the only acceptable means of destruction.  Most 
of the time, this involves a two-step process and should be supported by 
two independent certificates of destruction.

You might want to review the following article and determine what portion 
of it is applicable to your organization.  I don't agree with the entire 
content as written, but much of what is presented could be used as a 
guideline to develop your own policies and procedures that meet your 
organization's needs

Larry
************************************************************************************
Excerpted from the following link, from a web based article "Destruction of 
Records . . . Your Legal Obligations!" from IRCH:

http://www.irch.com/articles/articl08.htm

Destruction Techniques

          The law typically does not specify a particular technique for 
destroying records. The technique used must fully
          annihilate or at least sufficiently obliterate the records to 
prevent any information from being used for any purpose.

          Some mistakenly believe that special destruction techniques must 
be followed for confidential records. You do have
          a legal obligation to prevent confidential records from being 
used by unauthorized individuals or for unauthorized
          purposes. Organizations typically shred confidential records to 
accomplish this purpose.

          Realistically, any technique can be used to destroy confidential 
information. Your responsibility is to make sure these
          records do not fall into the wrong hands. If for example, you 
place these records in a garbage can and they are then
          destroyed by the trash disposal company, you will incur no legal 
obligation. However, if you place them in the trash
          can and someone finds the record in your garbage, you may be 
subject to severe fines and penalties. The goal
          therefore is to prevent an unauthorized access or use of the 
records at the time of destruction.

          Shredding does provide an appropriate method for achieving the 
legal goal for destruction of confidential records
          but at a high cost. Alternatively, you can pulp or macerate 
records, incinerate them, bury them in a landfill, or follow
          other appropriate techniques that prevent the records from 
falling into the wrong hands.

          If you utilize an outside records destruction firm to pick up 
these records and destroy them, make certain that the
          firm posts an adequate bond to protect you in case it fails to 
perform adequate legal destruction. If they haul these
          records to a trash dump and scavengers uncover confidential 
documents, you will be liable for any adverse
          consequences. When a bond is posted, you at least will be 
compensated for your losses because of the
          inappropriate acts of your contractor.

          The law prohibits the unauthorized viewing of confidential 
records  even if the information is not used for any
          harmful purpose. For example, each individual has the legal right 
to privacy of information in a personnel file or even
          in a loan file. If that information is shown to an unauthorized 
person, the individual has a legal course of action for
          invasion of privacy.

          Employees of a records destruction firm may gaze upon certain 
confidential records during the destruction process.
          Since they are operating under contract to you, this activity is 
authorized since they are acting as your agent.
          However, if they utilize the information for any unauthorized 
purpose, both you and the firm may be liable for
          invasion of privacy or other adverse consequences.

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