Funny you should ask:  our RM attorney and I just had this conversation recently because it was a topic of conversation here on the list.  (see string:  Overcoming opposition to Retention Schedule Implementation dtd 9 July 2008).  She got the following case law together for me.  Search this on google or westlaw and see what you get.  Some of it may be of use to you and some may not.

 

News stories:

 

Employers Face Liability for Improper Disposal of Consumer Information (http://shrinkster.com/10l4)

CVS Sued for Improper Disposal of Customer Records (http://shrinkster.com/10l5)

Attorney General Cox, MDCH File Suit in Ingham County Circuit Court against Businesses Responsible for Dumped Records:  (http://shrinkster.com/10l6)

Texas Attorney General sues pawn shop company (http://shrinkster.com/10l7)

 

Legislation:

 

Brooks, 22 Tex.  Prac. Series § 7.06, Local Govt. Records Act

Brooks, 35 Tex. Prac. Series § 10.18, Retention and Disposition of Records

 

TAC § 202.006 (Westlaw topic #326) - Destruction of Non-record material

TAC § 202.007 (Westlaw topic #326) - Personal Liability

TAC § 202.008 (Westlaw topic #326) - Penalty:  Destruction or Alienation of Records

TAC § 202.009 (Westlaw topic #326) - Penalty:  Possession of Records by Private Entity

 

Texas Public Information Act § 552.351 - Destruction, Removal or Alteration of Public Information 

Texas Public Information Act § 552.352 - Distribution or Misuse of Confidential Information

 

44 USC 33 (http://assembler.law.cornell.edu/uscode/44/ch33.html) - Disposition of Records

 

 

Thanks,

Dustin

 

P.S. It is true that retention periods in contracts can say "see company's retention policy"...as peter stated.  The problem occurs when there is a conflict between retention polices for both parties involved in the contract.

 

----

Steven wrote:  Anyway, does anyone have any example of penalties handed out (relatively RECENTLY) for failing to follow their retention schedule?

 

 


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