Destroying data of any kind can have serious legal implications. It’s important that an organizations records management policy clearly states when data can and should be destroyed and records must be maintained to prove that the organization routinely follows it’s policies.
Back Thru The Future’s Safe Harbor Secure Data Destruction Services is named after the Federal Rules of Civil Procedures rule 37(f) “the safe harbor rule”
Inadverdant destruction of electronic information subject to an electronic data discovery litigation hold event can be very embarrassing and expensive.
Auditability or the ability to prove that you destroyed data in the normal course of your management of Electronically Stored Information (ESI) is a core principle of the Federal Rules of Civil Procedure’s Rule 37(f), the “Safe Harbor” rule. This rule states:
“Absent exceptional circumstances, a court may not impose sanctions on a party for failing to provide electronically stored information (ESI) lost as a result of the routine, good-faith operation of an electronic-information system.”
ESI destruction in any form must be part of a documented and regularly-monitored record retention and disposal policy. Casual, undocumented data destruction events are simply too risky to be permitted. Destruction must be part of a continuing disciplined process. Systematized repeatability is the principal characteristic of a qualifying “Safe Harbor” destruction event.
Back Thru The Future’s Safe Harbor Express scheduled data destruction service is specifically designed to provide the required documention to support a FRCP 37(f) ruling.
The retained data media problem
Failure to promptly destroy obsolete data media can lead to major legal “dormant liability” which is the unkown, potential legal liability associated to data caught in an electronic data discovery litigation hold event. Back Thru The Future’s Safe Harbor Express scheduled data destruction service will dramatically reduce this legal risk.