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Date: | Thu, 15 Dec 2011 11:22:29 -0500 |
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You can't give him 100% proof. There's no system, automated or manual,
that can't be defeated by someone willing to invest the time and
resources to do it.Fortunately, you don't generally have to. Once you
have established that you have rules and processes and controls, and
that a record was destroyed according to those rules processes and
controls, you've done what you need to do. If the other side wishes to
challenge your statements about the destruction, they can't really do so
with hypotheticals, or bare assertions with no factual basis. At that
point the burden of proof is on them to demonstrate that you didn't do
what you claimed you did, or that your systems and controls aren't what
you claim they are.
--
Best regards,
John
John Montaña
Montaña & Associates
29 Parsons Road
Landenberg Pennsylvania 19350
610-255-1588
484-653-8422 mobile
[log in to unmask]
www.montana-associates.com
twitter: @johncmontana
Molly Kitchen wrote:
>
> If a lawyer was asked to produce an electronic record that was disposed of
> properly how could you as the Record Manager give him 100% proof that the
> record was properly destroyed?
>
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