" I am curious as to how much it would cost a US company to get access to
the records with "This third party outside the jurisdiction of the US" and
how restrictive and complicated that access might become."
I really don't know if that has been calculated or not. Cost factors would
be an issue. My understanding is they are not looking at ever accessing the
records again, but rather work produced from those records.
"If you know the information exists, you have to disclose that in a court
case or investigation."
I htink the answer they are anticipating providing is that the records have
been disposed of to outside party. We would no longer have ownership of the
records and would be unable to provide them.
"This public exchange of messages certainly lends credence to the idea that
this plan is, in fact, a dodge."
That is certainly a perspective but one that if the organaization decides
to do this would be decided in court.
"They cannot provide adequate administration of an archival operation and
sometimes will donate the records to an outside repository that is able to
provide such services for the records."
When the idea was presented to me I viewed more as a hybrid to what options
exist right now. Archival records will continue to maintained in the
archives. An electronic copy may continue to maintained with the other
records held by the third party. The third party will maintain the records
as long as they have use. Potentially, records that are scheduled with a
very short retention period could me kept forever.
"And if you didn't think we were qualified to answer your question, why did
you pose it to us?"
I didn't say you weren't qualified to answer my question. I simply said, if
you are not a lawyer don't provide legal advice. As far as iitegrity goes.,
those that live in glass houses.
"There are in fact codes by which many members of the RIM community abide
by, and that call on its community members, to at minimum bring to their
employer's or client's attention questionable RIM practices in some cases."
I reminded of other posts that point out that this is not an ARMA list, nor
is an CRM list.
The question is fair.
If I were to join ARMA, my bosses decide to do this, ARMA determines that
it is unethical for me to do this, I refuse to do this, what is ARMA's
response? I suppose I could live a better life as I move on, of course I
might be unemployed. Do you think ARMA would recognize my value and hire
me?
Kind of puts us back to the hypothetical
Ralph Better
On Thu, Sep 27, 2012 at 12:40 PM, Curtis Welch <[log in to unmask]> wrote:
> > The organization could then have the benefit of the records continued
> existence without the risks associated with keeping them.>
>
> Aside from the other issues this has chain prompted, I am curious as to
> how much it would cost a US company to get access to the records with "This
> third party outside the jurisdiction of the US" and how restrictive and
> complicated that access might become.
>
> Sincerely,
>
>
> Curtis Welch
> Senior Project Manager
> [log in to unmask]
>
> 6206 Benjamin Road, Ste. 301
> Tampa, FL 33634
> 813-888-8288 ext. 201
> 800-956-9000 ext. 201
>
>
> -----Original Message-----
> From: Records Management Program [mailto:[log in to unmask]] On
> Behalf Of Ralph Better
> Sent: Thursday, September 27, 2012 12:47 PM
> To: [log in to unmask]
> Subject: Re: [RM] Disposal Alternative
>
> Part of the thinking was that records would be maintained according to the
> retention schedule and in full compliance with all laws. Once the retention
> schedule has been met the records are disposed of to a third party. This
> third party would be outside the jurisdiction of the US. It would be able
> to do work based on the records that it would now own. No records would
> need to be destroyed and would not be subject to the laws of the United
> States. The organization could then have the benefit of the records
> continued existence without the risks associated with keeping them.
>
> Ralph Better
>
> On Thu, Sep 27, 2012 at 11:26 AM, Nine <[log in to unmask]> wrote:
>
> > Hi all,
> >
> > The only "benefit" I can think of to this is that since other
> > countries have different (and usually less liberal) privacy laws, it
> > would be more difficult to obtain the records from overseas
> > repositories.
> >
> > 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.
> >
> > Tam Rivera
> > Senior Administrative Coordinator
> > Columbia Business School
> > [log in to unmask]
> >
> > List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> > Contact [log in to unmask] for assistance To unsubscribe
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> >
>
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