Legal Question in Business Law in California

Disposal of Client Information

I am in the title industry and we are in the process of converting our hard copy documents to digital ones, my question is what are the requirements for destroying the old hard copy documents?


Asked on 5/23/07, 5:30 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Disposal of Client Information

Look at Civil Code sections 1798.80 through 1798.84, especially 1798.81. The Code is available on line, but to summarize you are required to take "all reasonable steps to destroy or arrnage for the destruction of records which are no longer to be retained" by shredding, erasing or otherwise modifying the personal information to make it "unreadable or undecipherable through any means."

While you're at it, you might also scan Civil Code sections 1798 et seq. regarding privacy of records in general.

I do not know of any regulations specific to the title industry, but you should probably check with your trade organizations to see if there are any requirements or standards that are specific to that business.

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Answered on 5/23/07, 6:08 pm
Johm Smith tom's

Re: Disposal of Client Information

There are reliable, bonded companies that handle destruction of records.

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Answered on 5/23/07, 6:11 pm
Terry A. Nelson Nelson & Lawless

Re: Disposal of Client Information

I wouldn't suggest you risk the company's future and fortune on a quick, anonymous answer to a question that requires a full dicussion and understanding of your specific industry, existing contracts, the law relating to them, and the Evidence Code issues applicable. Lawsuits are won or lost on the basis of poor decisions like that. Feel free to contact me if you decide to do this right and have such review and advice.

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Answered on 5/23/07, 7:13 pm


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