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I totally agree with Hugh but would add one additional thought. I'm not a lawyer, but if a company chooses to outsource
the information to the care of an overseas company they didn't remove their ultimate responsibility for the loss of the
information. I believe you would probably have a good case to sue the company for the loss of the information and the
company would have to sue the company to whom they outsourced the work. I believe the company who outsource the records
still has the responsibility to insure its security.
Bob Dalton, CRM
Dalton Consulting
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Hugh Smith
Sent: Thursday, September 28, 2006 6:43 AM
To: [log in to unmask]
Subject: Re: [RM] RM Outsource to India and Elsewhere
When tapes and other vital information were lost by vendors in the U.S.
, our nation of laws dictated that they make the clients and everyone
at risk aware of that loss. Failure to do so would have exposed the
entity who lost the information to all the costs associated with
Identity Theft, monitoring accounts, credit watches, and legal fees.
By dealing with corporations within your own country, you have the
benefit of your laws protecting you.
If I go into XYZ corporation and steal valuable business information,
engineering secrets, client lists, etc. under our laws I can be
prosecuted. In many countries the stealing of competitive information
is not viewed as sabotage but smart business practice. If they develop
an advantage they press it no matter what your contract says.
Through the years I have dealt with companies overseas that when it
suits their purpose withdraw to their own borders and challenge you to
come after them in their courts. The American legal system with all its
flaws is based on justice. One of the leading holders of patents in
Washington, D.C. is Japan and our courts protect them the same way they
protect GM.
But every contract overseas should first examine the laws that will
protect you when a breach occurs. Doing business from Canton, Ohio to
India or Brazil does have the same protections as Canton, Ohio to
Atlanta, Georgia. The protections that exist for corporations here
just does not exist in certain countries.
Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610) 756-4440 Fax (610) 756-4134
WWW.FIRELOCK.COM
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