On 6/16/05, Michael, Lee <[log in to unmask]> wrote:

> Most have responded that their support information generated to document
> the records destruction process is retained permanently, I do not agree.
> Item 2.a(2) of GRS 16 identifies that the records generated as a result
> of the disposition process are retained for 6 years after the records
> are destroyed or transferred to the Archives.  I typically agree with
> that idea and here's why.


that is fine for government records, but in the litigious world of the
private sector I would prefer to retain the forms that authorize the
destruction along with the listing of what was destroyed and the
certificate of destruction.

I do not believe that a plaintiff or court will believe a defendant
who proffers a retention schedule and says "we destroyed everything
according to this retention schedule, therefore we don't have what you
need."  Just take a look at the recent Morgan-Stanley case where an
M-S IT person certified that they had produced all the email tapes
requested under a subpoena only to find a week later 1600 more tapes.

Courts are going to want a trail that can be traced. And I suspect
that someone will say that Sarbanes-0xley requires the retention (even
though Sox calls only for internal controls)

--
Peter Kurilecz
Richmond, Va

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