Legal Question in Technology Law in Virginia

Protection of Customer's Files by Computer Technician

As the manager of an antique store, I completed an annual inventory in February. Then the shop computer became corrupted and I was asked to repair it as a computer technician (my other business). I reloaded it and retained the shop records including the inventory on my hard drive. When I reload a system, I usually maintain the files for 90 days to insure against hardware failure. The antique business was sold on 1 April and the new owner wants me to give him a copy of the original inventory. I maintain that these records are not mine to give, but legally belong to the previous owner. I will not give up any records without a court order and I am resigning my manager position tomorrow.

I have records from other customers on my hard drive as well. I have always thought that these records belong to the respective customer and are not mine to disclose to anyone. I have decided to stop keeping customer's files to avoid problems in the future. Is there a legal precendent or law that governs the protection of these records?


Asked on 4/07/06, 12:08 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Protection of Customer's Files by Computer Technician

The ownership of the records would be governed by the Asset Purchase Agreement between the parties. You or your attorney should contact the seller immediately to avoid a charge of conversion (unlawful possession or control).

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Answered on 4/07/06, 6:40 am


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