>> Saving metadata would be the ideal solution however is that really practical?  <<

Sorry, but I completely disagree. Saving the metadata of destroyed records is a really bad idea.  True, you would be able to identify each record that was destroyed.  On the other hand, an opposing party can use that same information to search your systems, applications workstations, removable media and any other storage container for the information you claim was destroyed.  You will not be happy with the questions that result.  

I think disposal certifications are the foundation for defense of any records program.  As a result, I tend to think of the materials in terms of what provides the most defensible proof. For me that is a minimum of granularity. If my options are the following, I will always select choice number 1:

Option 1 - I certify that the records of all employees, terminated prior to January 1, 20?? have been destroyed in accordance with the Records Retention Schedule.
Option 2 - I certify that the records of Tom, Dick and Harry, who were terminated prior to January 1, 20?? Have been destroyed in accordance with the Records Retention Schedule.
Option 3 - I certify that the records specified below were the contents of the employee files of Tom, Dick and Harry who were terminated prior to January 1, 20?? have been disposed in accordance with the Records Retention Schedule.

Option 1 provides opposing counsel with only a small chance to challenge a retention program. Even if a smattering of remaining documents is found, I believe the instructions, certification and execution would stand scrutiny.  

Option 2 provides opposing counsel with more opportunities to challenge the program.  What if employees were missed, or supervisors decided to retain their personal files on employees just in case?   Considerable more explanation by the company would be required. 

Option 3 gives the keys to the kingdom to opposing counsel and opens all kinds of issues.  Why was Tom's application destroyed and there is similar disposal record for Harry? Where is your record of disposal of all of these types of documents that you are mandated to create and retain?  If the records were destroyed, why did we find 8 copies of Dick's resume in the files of the personnel committee?

Option 1 is like standing on bedrock when the earthquake hits.  It may shake you up a little bit but if you just sit down and wait it out, you will survive in good shape.  Option 3 is like being on a sandbar during the same earthquake.  Sitting will be the least of your worries...

Now, before you dismiss this out of hand, remember that those of us in the North actually can walk on water...

Bill Roach, CRM

Any opinions expressed are mine alone and not those of my employer or any other entity.

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