Electronic Documents Electronic documents will be retained as if they were paper documents. . Our experience and credentials allow us to provide a wide range of secure services including document destruction. One of the most important aspects of a formal plan for information destruction is consistency. Join our network and be the first to take action. While rules vary state-to-state, it is useful to gain an overview of what guidelines exist. In the absence of an Investigation, Litigation or Legal Hold, i Non-Records may be destroyed or disposed of upon completion of their use and ii Records may be destroyed upon the termination of the applicable mandatory retention period.
Expungement occurs primarily in the judicial system to eliminate the existence of certain records with the approval of the court. About the Author A published author and professional speaker, David Weedmark has advised businesses and governments on technology, media and marketing for more than 20 years. No records specified in any legal hold may be destroyed, even if the scheduled destruction date has passed, until the legal hold is withdrawn by the Executive Director or President as appropriate, depending on who issued the hold. Companies need to be able to prove their transactions, communications, etc. Once the fire has been burning for a while it may have a stable heart center of hot embers. The easiest to spot will be paper that somehow still has a white sheen. Organization, Finance, and Management Chapter 15.
Check with your office manager and see if you can bring in your own documents for destruction. Sandvick worked as a civil litigator in California for over 7 years. Procedures for File Destruction Upon determination in accordance with the guidelines set forth herein that destruction is appropriate, files shall be destroyed in a manner that preserves client confidences. This protects you from would-be thieves of this information from reconstructing the complete pages from the strips. A Formal Document-Destruction Policy is a Must Having a formal document destruction policy is a smart move for many reasons.
Disposal of similar records where prior disposal was authorized When it appears to the Archivist that an agency has in its custody, or is accumulating, records of the same form or character as those of the same agency previously authorized to be disposed of, he may empower the head of the agency to dispose of the records, after they have been in existence a specified period of time, in accordance with regulations promulgated under section 3302 of this title and without listing or scheduling them. Many businesses discard such payment information without effective destruction controls. Sample Document-Destruction Policy With the caveats above about how all the states have their own rules and ethics opinions, here is a sample starting point for drafting your own document retention and destruction policy. Many companies in the financial, medical, and consumer fields are required by law to shred documents instead of throwing them in the trash. After microfilming and scanning, these loose pages are then typically placed in record storage boxes and transferred to a records center for long-term storage. A Google search will give you many more, which you can use as a base for your program.
For your convenience, a security-vetted Shred-X representative can collect your container for secure transportation and destruction. Lists and schedules of records to be submitted to Archivist by head of each Government agency. Moneys from sale of records payable into the Treasury. It is a good idea to have such containers readily available so staff can easily dispose of information that is no longer needed. A goat eating away at paper is fine for the Far Side, but has no place in a formal document disposal process. If the Archivist determines that any of the records listed in a list or schedule submitted to the Archivist do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government, the Archivist may, after publication of notice in the Federal Register and an opportunity for interested persons to submit comment thereon-- 1 notify the agency to that effect; and 2 empower the agency to dispose of those records in accordance with regulations promulgated under section 3302 of this title. © Copyright 2010 Auerbach Publications.
Some organizations that keep the original records mistakenly believe that the microfilm or optical disk records represent the official records of the organization. Perhaps the most pervasive example of this is credit card charge receipts, which are retrieved from trash bins by dumpster divers often with the intent of using the information for online or telephone orders. Moneys from sale of records payable into the Treasury Money derived by agencies of the Government from the sale of records disposed of under this chapter shall be paid into the Treasury of the United States unless otherwise required by law. Current images are copied while those marked for expungement or destruction under a records retention program are not. It would also be illegal for your organization to fire you for merely telling the truth especially after someone with authority told you to lie. You do have a legal obligation to prevent confidential records from being used by unauthorized individuals or for unauthorized purposes.
Grassley from a lawyer for Mr. Purpose of this Policy To identify the standards governing retention and destruction of University records, describe the process for destroying Records that have reached the end of their mandatory retention period or are no longer necessary for business operations and designate the appropriate custodians of Records and method for preserving Records. That, indeed, is a very costly lesson. This is not to say that some thought will not be required, and you should definitely not take the approach that the destruction decisions will be left to non-attorney staff based upon the written procedures, but the formal policy should take much of the guess work out of file destruction. Allow the pulp to dry completely before disposing of it. However, also be on the lookout for pieces that have turned grey, but still have legible text.
The opinion stands today as the primary guidance on the subject. If so, delete these too. Employees of a records destruction firm may gaze upon certain confidential records during the destruction process. When a bond is posted, you at least will be compensated for your losses because of the inappropriate acts of your contractor. Some courts mistakenly interpret expungement to mean removing any index entries regarding the matter from the records index. These lists provide one-time authority for the immediate disposal of existing records no longer accumulating and having no further value or no longer being created.
From trademark registrations, safety records, to retirement and pension records and much more, there is a lot that needs to be retained. Grassley, an Iowa Republican who is the ranking member on the Senate Judiciary Committee, to the S. All the documents need to be submerged so they are completely saturated and can be broken down. Title 18 contains two other provisions, of somewhat narrower application, which relate to public records. During the document preparation stages for microfilming and scanning, pages are removed from folders and staples removed from multi-page documents. They may modify the records center indexes to show the records have been destroyed once approval for destruction is received but prior to destruction. Under most records retention programs, records that are candidates for destruction will first be identified, reviewed for their continuing appropriateness for destruction, separated from other records and then ultimately destroyed.
You will want a container tall and wide enough to easily contain all of the documents and liquids you are pulping. Paper Records will be redacted, burned, pulverized or shredded and electronic Records will be destroyed or erased. Although this may be a useful interim step, the movement of records does not constitute destruction. If your state is among those that have adopted this rule in some form, the stated time period is extremely useful guidance. This article was co-authored by. You will be relieved of your legal obligation, however, if the records were actually destroyed. The retention period for a specific Record begins on the last of a the later of the date filed or the due date for filing in the case of Records filed with a governmental, judicial, regulatory or accreditation authority or b the date of the last transaction, encounter or item of information reflected in that record or in accordance with the terms of the Record.