Gary asked about third party parameters concerning records issues.  I know this can be a broad topic.  There are things such as privacy, limitations on exposure and number of copies, whether the material can be shared/worked beyond the borders of the originating country, and many other concerns.

We generally require the vendor to limit access to any of our materials to those within the vendor's operations who have a legitimate need to see it.  They may not share the information beyond their own organization without prior written approval.  We secure their agreement to return to us all materials provided and generated as a part of the engagement as soon as that engagement has been completed, without prior written approval to the contrary.  And we have them agree in writing to permanently destroy any of our information and information generated from the engagement that is in their systems at the conclusion of the agreement.

Finally, they are agreeing in writing to confidentiality regarding any information that is revealed.  This is not limited to the time of the engagement only but remains in effect on a permanent basis.  This means they are to never reveal anything about our materials to anyone beyond their own company, and then only to those who have a "need to know" within that company.

Please let me know if you have questions about our processes in this area.  Like I said, some things require more restrictions, but what I shared is pretty standard at our firm.  It is critical that the agreement spells out who owns the information, how it is to be handled, and our expectations about who is ever allowed to know what it was.


David B. Steward
Director of Records
 
HUSCH BLACKWELL LLP
4801 Main Street,Suite 1000
Kansas City, MO 64112-2551
Direct:   816.983.8860
Fax:  816.983.8080
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huschblackwell.com

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