• Ulrich@feddit.org
    link
    fedilink
    English
    arrow-up
    1
    arrow-down
    1
    ·
    2 months ago

    I’ve always wondered, is this illegal? Like obviously it is if they’ve already been subpoenaed or something.

    • Khanzarate@lemmy.world
      link
      fedilink
      English
      arrow-up
      4
      ·
      2 months ago

      Nah it’s illegal to deliberately destroy data to impede investigations. You don’t need to have an open investigation for that to be the case.

      It remains legal to get rid of old files to free up space or if you genuinely believe they aren’t necessary, though, so you need to prove intent.

      If there’s a subpeona or something, their destruction is itself a crime, but under this law, its the intent to defraud the courts that’s illegal, and that intent is always illegal.

      The law exists specifically for this situation. Purging important business documents preemptively is clearly not OK.

      Citation: https://legalclarity.org/18-u-s-c-1519-destruction-alteration-or-falsification-of-records/

    • Beej Jorgensen@lemmy.sdf.org
      link
      fedilink
      English
      arrow-up
      0
      ·
      2 months ago

      It’s illegal if antitrust action is anticipated, according to the article. That said, I know that most places I’ve worked have had a document retention policy that called for automatic deletion of most documents after some time period, like a year.

      • Ulrich@feddit.org
        link
        fedilink
        English
        arrow-up
        0
        arrow-down
        2
        ·
        2 months ago

        It’s illegal if antitrust action is anticipated

        That seems like something that would be difficult to prove.

        • Beej Jorgensen@lemmy.sdf.org
          link
          fedilink
          English
          arrow-up
          1
          ·
          2 months ago

          Unless they’ve received notification to that effect. “Hey, y’all, we’re considering anti-trust so save that shit.”