Destroying Information on Active Lit Hold

5/20/2013

Hello Fred,

Can you give advice on the possible ramifications of destroying the paper source docs after they have been scanned for electronic retention --- FOR INFORMATION ON AN ACTIVE LIT HOLD.

Many thanks for any input.

Thanks for the Question.

In my opinion, if an organization regularly scans documents and keeps them electronically for their retention periods and destroys the source documents after scan, the electronic copy becomes the “record copy” and satisfies retention requirements. The lit hold would pertain to the “record copy”, in this case the electronic version.  Source copies, once scanned, can be disposed of in the regular course of business.

Fred


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