You can't give him 100% proof.  There's no system, automated or manual, 
that can't be defeated by someone willing to invest the time and 
resources to do it.Fortunately, you don't generally have to. Once you 
have established that you have rules and processes and controls, and 
that a record was destroyed according to those rules processes and 
controls, you've done what you need to do. If the other side wishes to 
challenge your statements about the destruction, they can't really do so 
with hypotheticals, or bare assertions with no factual basis. At that 
point the burden of proof is on them to demonstrate that you didn't do 
what you claimed you did, or that your systems and controls aren't what 
you claim they are.
-- 
Best regards,

John
John Montaña
Montaña & Associates
29 Parsons Road
Landenberg Pennsylvania 19350
610-255-1588
484-653-8422 mobile
[log in to unmask]
www.montana-associates.com
twitter: @johncmontana





Molly Kitchen wrote:
>
> If a lawyer was asked to produce an electronic record that was disposed of
> properly how could you as the Record Manager give him 100% proof that the
> record was properly destroyed?
>

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