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Why Worry About Proper Document Disposal? Just about any business has information that contains either personnel (customers, clients, or employees) or business data that is both financial and security oriented. The handling, storage, and eventually the disposal methods are all important due to possible liability. The Federal Government has several laws on the books that make it a crime to not properly dispose of this information. And in the event of any legal action, the new Federal Rule 26 states requirements that, in the event of a legal action, each party must provide all relevant information to each of the participants legal counsel within a 85 day period of initial request. If either of the litigants does not comply with this requirement, it will result in a summary finding against them. Besides the Federal Rule 26, there are four other laws or requirements that may have an impact on any companie’s storage and destruction of documents that contain private or financial information. The Privacy Act of 74, the New FACTA Rule, and the HIPPA Rule all have very specific requirements on proper disposal of documents that have client, customer, or patient information. In recent years the amount of Identity Theft has grown also. If an individual has his or her information accessed from company facilities or improper disposal methods they can and often do sue the company for negligence. Just defending against a claim like this can be very costly and if damages are accessed, the cost skyrockets. By disposing of records based on a recommended set schedule, a company appropriately can limit the amount of information it must provide in order to comply with this law. This solves there problems. The time it takes to find and deliver the information, the amount of information that you need to store, and of course the more you limit any information legally is always a good thing in litigation of any type. Most shredding companies can and do provide a Certificate of Destruction. However, this does not transfer responsibility of confidentiality in the eyes of most Federal Laws. Due diligence in the selection of the manner of destruction is necessary to avoid ultimate legal liability. That’s why onsite shredding is the recommended shredding process so the company physically witnesses the destruction. Just paying a vendor to haul off the documents and destroy at their facility is not going to cut it if the opposing lawyer knows his way around a court room. And, from a legal standpoint, if financial or private information mishandled by due to the negligence of a vendor, the liabilities of that vendor are irrelevant. The original company whose critical documents falls into the wrong hands stands to lose the most, from both loss of business, prosecution, or unfavorable publicity. If you want to learn more about the Federal Laws, recommended schedule of destruction of each type of documents and important information, you can go to our website here and find the all facts and a downloadable list of each document and requirements:

If better to be safe than sorry when it comes to any government requirements and it is very easy to implement the proper procedures and document destruction that will keep you out of trouble and in compliance. For more information document destruction and liabilities: Document Destruction

Document_Destruction - Document Destruction  

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