Certainly, one needs to retain pertinent metadata, including destruction approvals, date/time of destruction, perhaps method of destruction, etc.
The challenge would be to retain enough metadata about the record to satisfactorily (to a court) identify what was destroyed without revealing the content that was destroyed. I'm trying to understand this. For example, would an invoice number and date from a "Paid Invoices" record series be sufficient without retaining information about who the vendor was? A legal opinion will be helpful here.
As always, I solicit other perspectives.
Appreciatively,
Gordy
Gordon E.J. Hoke, CRM
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-----Original Message-----
>From: Dan Beard <[log in to unmask]>
>Sent: Jul 27, 2012 7:59 AM
>To: [log in to unmask]
>Subject: Re: Retaining metadata of disposed records
>
>Gordy,
>
>Would you be able to save some metadata and dump the rest to prove destruction was reasonable and customary? Record category, date, date destroyed, etc.?
>
>Daniel J. Beard, CRM, ERMM
>Cadence Group
>[log in to unmask]
>
>-----Original Message-----
>From: Records Management Program [mailto:[log in to unmask]] On Behalf Of David T. Macknet
>Sent: Thursday, July 26, 2012 7:14 PM
>To: [log in to unmask]
>Subject: Re: Retaining metadata of disposed records
>
> Gordy,
>
> Sounds reasonable. It also sounds reasonable that the audit metadata
>could be used to prove that certain people had accessed or modified a
>document (or done neither), which in and of itself could expose the company
>to legal risk, depending upon the particular legal case at hand. The
>audit metadata could also be used to expand electronic discovery to the
>computers of those individuals listed in the metadata, in the hopes that
>some additional information had been retained (if they, as so many do, had
>kept their own copy of the document).
>
> Sounds like the argument would be to treat the metadata as a record of
>some sort, and deal with it according to some retention schedule.
>
> -D
>
> David T. Macknet
>
>
> [log in to unmask] [1]
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> On Thu 26/07/12 4:04 PM , "Gordy Hoke" [log in to unmask] sent:
> Going over the elucidating conversation from earlier this month about
>whether to keep metadata after the records are rightfully disposed, I had a
>thought worth considering. Disclaimer: I am not an attorney, and I
>certainly don't claim any legal expertise. But I do think about these
>things:
>
> If retained metadata contains an audit trail of the people that retrieved
>particular records, it is possible that an opposing attorney could subpoena
>a reader of the record to testify from memory what was in the disposed
>record. In that case, the content of the record would not really be
>gone...it would just be transferred to a less authoritative format. That
>sounds risky to me, and a good motivator to, at least, delete audit trail
>metadata when a record is disposed.
>
> What do you think? Am I missing something?
>
> Gordy
> Gordon E.J. Hoke, CRM
> [log in to unmask]
>
> Gordon E.J. Hoke, CRM
>
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