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Subject:
From:
Larry Medina <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Tue, 28 Jun 2011 16:57:11 -0400
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Advice on this goes back and forth- I don't think you'll find a written
"Thou Shalt..." type statement anywhere.

Here are the common schools of thought:

If you have a Records Management policy and an approved retention schedule
(that has been reviewed by operating/owning organizations, legal, risk mgmt,
etc) then the periods stated in the schedule have ALREADY been approved, and
that essentially provides authorization.

The only case where you would definitely want legal review is to ensure
there isn't a hold based on any possible litigation in force or pending that
you are unaware of.

If you have a policy and your retention schedule HAS NOT been reviewed by
legal, then you should obtain their approval prior to destruction of
records.  If they don't want to do this, they should review and approve the
schedule, and/or provide you written authorization to destroy records
WITHOUT their prior approval.

If your policy states "Legal must approve prior to destruction", then
obviously, the policy needs to be revised if legal no longer wants to do this.

There really isn't a one size fits all when it comes to RM Practices- it
really depends a lot on how heavily regulated your organization is (if at
all), what laws, statutes or regulations apply to your 'industry segment',
what your business environment is and other similar factors.

Larry
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