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Disposal of Computer Systems: Removal of Information
Your business is in the process of upgrading and replacing its computer assets and deciding what to do with the old servers, computers, and laptops. You might sell them, donate them to charity, or simply toss them in the garbage because they are 5 or more years old. Before you choose any disposal option, however, you should first consider what type of information may be stored on those old computer assets and then determine whether your business has a duty to protect that information as part of the disposal process.
From a privacy perspective, a patchwork of laws and regulations exists at the federal and state levels that, either directly or indirectly, imposes requirements regarding the removal of certain types of information from computer memories in connection with the disposal of such computers by the user. Each such law and regulation focuses on a particular type or types of information that may be generally classified as consumer personal information. The present laws and regulations establish general standards with respect to the removal or protection of such information. None of the present laws or regulations provides specific or definitive requirements or guidance with respect to the steps or manner in which the information must be removed. The obligation to remove the information from computer memories derives from the various information privacy and security laws and regulations that have been enacted to protect personal financial and health information and to prevent identity theft.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.