Well I am not privy to all the inner workings and thought processes of my
superiors.

"I believe the best rule of thumb is to keep your integrity as a
records manager in tact and do the right thing to keep only what you
need to keep for as long as you need to keep it - PERIOD."

I think this is the core issue. Somebody wants to keep our records longer
becasue they think we need them. Under the current model we cannot do that.
Under the proposed model we can realize the benefit of the records existing
with little or no risk.

"And so , being a completely independent owner of the records, the third
party would be free to allow access to the records by anyone - including a
potential litigator or opposing attorney or even a competitor looking for
patent or product information."

That issue is well above my pay grade. I think that they will arrive at a
solution to that potential problem.

" If the records were scheduled correctly, there would be no need to
keep them (hence no "benefit") after their retention period has passed."

Apparently somebody, well placed in our organization, feels htat thye would
like to keep at least some records longer. Legally we are obliged to
dispose of some records series after a given retention period. Somebody
wants to keep them longer. If we dispose of these reocrds under this new
model we would be in compliance and yet still have access to work product
based on those records.

"The thing is, in time of litigation I can see this looking like an
enormous dodge. If it were written into company policy beforehand and
signed off on, that would be some degree of protection, but I think it
all returns to the question -- why? And that's a question any savvy
judge or litigator would ask."

I am not sure that this is a dodge. I see that it might be viewed as
thinking outside the box. We are required to dispose of some records. We
will do that, We will no longer have ownership of the records, they will
not exist our organizaiton and seem to meet the requirements aas they exist
today. What the legal profession does down the road is again, above my pay
grade.

As far as integrity goes, my obligation is to my employer, not some higher,
abstract, undefined, obscure ideal. I live, very much, in a real world.
There is no code of ethics that restict my doing this as long as it is
legal. I suppose my question to best records manager is not whether this is
legal (aside from Mr. Montana I don't think anyone on this list is
qualified weigh in) or ethical (nobody on this list can address that) but
rather does this constitute a new and possible disposal model or electronic
records.

Ralph Better


On Thu, Sep 27, 2012 at 12:16 PM, Diane Walker
<[log in to unmask]>wrote:

> I believe the best rule of thumb is to keep your integrity as a
> records manager in tact and do the right thing to keep only what you
> need to keep for as long as you need to keep it - PERIOD.
>
> Ditto on many comments.  I am not an attorney - I WILL be asking that
> question to the litigation e-discovery group - just for grins...
>
> Kind Regards,
> Diane Walker, CRM, CMC
>
>
> On Thu, Sep 27, 2012 at 11:02 AM, Steve Whitaker <[log in to unmask]>
> wrote:
> > Why?   What is the purpose?  What is the reason?  What would one
> > accomplish?   Darn sure would not be limiting potential liability/risk;
> and
> > would increase costs, not reduce costs.
> >
> > Best regards, Steve
> > Steven D. Whitaker, CRM
> >
> >
> > On Thu, Sep 27, 2012 at 11:21 AM, Ralph Better <[log in to unmask]
> >wrote:
> >
> >> It is my undertanding that there are currenlty two valid disposal
> >> alternatives for records. The first is documented destruction and the
> >> second is sending records to the archives.
> >>
> >> Hypothetically, there is now a third method. Dispose of records to a
> >> repository outside US jurisdiction. Electronic records, created, used
> and
> >> maintained outside the US,can be disposed of by transferring records
> into a
> >> storage server that is not subject to US authority. The records could be
> >> maintained and even used as long as they are never moved within the US
> >> jurisdiction.
> >>
> >> Ralph Better
> >>
> >> List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> >> Contact [log in to unmask] for assistance
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> >>
> >
> >
> >
> > --
> >
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>
> --
> Diane Walker, CRM
> Be Prepared To Be Successful !
> [log in to unmask]
> www.linkedin.com/in/dianewalkercrm
> 281-799-8910
>
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