Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.