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Friday, December 15, 2017
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Legal Technology Group, Inc.
333 South State Street, #V421
Lake Oswego, Oregon 97034
(503) 200-2936 

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29 Destruction of Data

 

Your Litigation Response Plan should include policies and information about the destruction of data. I'm not talking about destroying data relevant to the subject of a particular litigation matter.

 

Rather, I'm talking about legally appropriate destruction of data. For example, after the case is over, you want to cleanse the hard drive and get rid of that evidence at that time.

 

Here are just a few examples for the destruction or deletion of data.

  • Computers is sold or donated to a charity.
  • Deleting data pursuant to a regular ongoing document or email retention policy.
  • Destruction of data pursuant to HIPAA, Sarbanes-Oxley, or other regulatory issues.

 

If you sell computers, donate them, or send them out to repair, you need to make sure that the data is wiped. There are hardware and software solutions to do this. Software solutions have algorithms to write ones and zeros or special characters on a drive over and over to wipe out the data.

 

The best way to delete data is a hardware solution or mechanical destruction of the drive using hammers, drilling holes, degaussing, and other methods to physically destroy the drive. The best method is to use hard drive shredders that turn a hard drive into tiny pieces of scrap metal. Explain your preferred methods for destruction of hardware and data in your Litigation Response Plan.

 

When you close files, you should use a closed file checklist that reminds lawyers and your staff to delete data that was retained for the litigation.

 

Ethics require that lawyers keep your client data confidential. Make sure they destroy the data after the ligation or return it to your company. Lower the risk of your company confidential data getting discovered by others.

 

Legal Technology Group

Phone: (503) 200-2936

Email: info@LitigationResponsePlan.com

 
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