THE SAFE HARBOR EXPRESS® SERVICE
BEING REGULATORY COMPLIANT IS YOUR RESPONSIBILITY.
MAKING YOU REGULATORY COMPLIANT IS OUR BUSINESS.
YOUR DATA ASSET CONTROL SYSTEM
Back Thru The Future’s Safe Harbor Express® (or ‘SHE’) is an annually Contracted Service Providing a turnkey solution for the regulatory (HIPAA, GLBA, and other data privacy laws) required destruction of personally sensitive information recorded on hard drives and other data media. ‘SHE’ represents your required “Data Asset Control System” for the entire information disposal process.
A data asset control system must be able to locate all stored sensitive data and be able to prove that the sensitive data is secure. An auditable chain of possession must be developed from the inception of control of the data asset to the final destruction of all recorded sensitive data. The destruction of the data must comply with the National Institute of Standards and Technology (NIST) “Guidelines for Media Sanitization”. You must maintain records of employee training and documentation of an annual review of risk assessment. You must perform and document “vendor due diligence” when utilizing a third party service provider.
LITIGATION ELECTRONIC DATA DISCOVERY PROTECTION
SHE also provides valuable litigation protection. The Federal Rules of Civil Procedure, governing litigation-based electronic data discovery procedures, requires you to maintain auditable proof of routinely following a formal data destruction policy. This is essential to qualify for the “Safe Harbor Data Destruction” exemption from the risk of court sanctions for failing to implement a “litigation hold”. Our SHE service derives its name from this exemption.
RIGOROUS DATA DESTRUCTION STANDARDS
SHE is in full compliance with the American Records Management Association (ARMA) guidelines for the destruction of electronic records. Back Thru The Future was a member of the ARMA committee that established these guidelines.
Back Thru The Future® is NAID AAA certified for the secure data destruction of hard drives for both plant based and mobile operations. This is a valuable tool for documenting vendor due diligence.
Back Thru The Future® is a Federal EPA and NJ DEP licensed Class D Universal Waste (a form of hazardous waste) consumer electronics processing facility. The SHE agreement provides our authorized environmental compliance certification for the required recycling of electronic devices.
Inadvertent destruction of electronic information subject to an electronic data discovery litigation hold event can be very embarrassing and expensive.
Auditability or the ability to prove that you destroyed data in the normal course of your management of Electronically Stored Information (ESI) is a core principle of the Federal Rules of Civil Procedure’s Rule 37(f), the “Safe Harbor” rule. This rule states:
Absent exceptional circumstances, a court may not impose sanctions on a party for failing to provide electronically stored information (ESI) lost as a result of the routine, good-faith operation of an electronic-information system.
THE FOLLOWING IS A LIST OF THE BENEFITS BASED ON AVAILABLE FEATURES INCLUDED WITH OUR SAFE HARBOR EXPRESS® SERVICE:
Data sanitization via NIST protocol, NAID AAA certified secure, EPA licensed electronic recycling
LEGAL “SAFE HARBOR” DATA DESTRUCTION:
FRCP compliant for the exclusion from Electronic Data Discovery litigation hold requirements
EASY ON YOUR BUDGET:
One annual bill, zero surprises
SIMPLE TO MANAGE:
We are responsible for maintaining your schedule
All NIST compliant data destruction occurs within your physical security perimeter
Secure chain of possession documentation
All project documentation is easily accessed through our web-based archive, The Compliance Library™
PROVIDE REGULATORY REQUIRED EMPLOYEE TRAINING:
Web-based training tool
PROVIDE REGULATORY REQUIRED ANNUAL RISK ASSESSMENT:
Annual renewal contract review
Extensive client reference list
CONVENIENT, LOW-COST COMPUTER RECYCLING:
While at your location, we will pick up your obsolete/defective equipment
Most effective hard drive materials sorting system in the industry
Annual YTD volume totals (per individual location) are available online
“Managing legacy data is the most important thing an organization can do to reduce risk and cost associated with electronic data.”
Source: Anne Kershaw, A. Kershaw PC / Attorneys & Consultants
The Retained Data Media Problem
Failure to promptly destroy obsolete data media can lead to major legal “dormant liability” which is the unknown, potential legal liability associated to data caught in an electronic data discovery litigation hold event. Back Thru The Future’s Safe Harbor Express® scheduled data destruction service will dramatically reduce this legal risk.
92% of our new client quality control surveys have been returned marked “exceeded expectations”.
Why not get a project price quote and find out how inexpensive great service can be?