Does a Certificate Of Destruction 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 that 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, ei
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