On Sun, Sep 16, 2012 at 6:29 PM, John Montana <
[log in to unmask]> wrote:

> Larry Medina wrote:
>
>> Maybe our colleague Mr. Montana will weigh in on this
>>
>>
>>  Bottom line, I don't think the policy necessarily either helps you or
> hurts you, unless you're dumb enough to actually make a statement somewhere
> that it's intended to keep evidence out of court, or dumb enough to try to
> use it for that. Where the rubber meets the road is when you have to
> explain incidents of accidental destruction or loss.  A credible, well
> documented explanation goes a long way toward avoiding sanctions.  To the
> extent that a policy or procedure promotes consistent treatment and
> documentation of such incidents, it's a help.
>

Thanks for your input, John.

I guess I may not have stated clearly what I was thinking about... my point
was FOLLOWING an incident of 'accidental or unintentional destruction' , it
would make logical sense to both document the conditions surrounding the
occurrence and to consider an addition to policy or procedures stating what
should take place "In the event of an accidental/unintentional destruction
of content...". But to proactively put something in your guidance
documents, as if it's an eventuality if it hasn't occurred, doesn't make
sense.

If it hasn't taken place, measure should be taken in training to attempt to
avoid such a thing from happening, and if a service provider is responsible
for something of this type happening, there should be some provisions to
cover the action in your T&C or "Business Associates Agreement" and they
should be required to document it on your behalf... which doesn't relieve
you from also documenting it.

Is it common to include something in your document hold or destruction
moratorium policy about this?

Larry

-- 
*Lawrence J. Medina
Danville, CA
RIM Professional since 1972*

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