Confidentiality is the cornerstone of the relationship between solicitors and their clients. Without the absolute assurance that matters discussed will remain private, it is impossible for both sides to relate to each other as they should.

But in a world which is sinking in a sea of documentation and in which new regulations and legal requirements are produced like rabbits out of a conjurer’s hat, the importance of secure document disposal has never been greater.

The loss of commercially sensitive or personal data can do damage to an organisation in so many ways, from loss of reputation to erosion of the bottom line as a consequence of breach of trust. Security breaches can also land firms in regulatory trouble, as the dictates of corporate governance ensure that they must take full responsibility for the security of their confidential records.

In Scotland, Maclay Murray & Spens are one firm who pay attention to secure document disposal. Until about five years ago, the facilities team at MMS used to manually shred documents on site, until doubts arose about whether this was the most secure method. Caroline Connolly, senior facilities co-ordinator at the firm, said that the overriding concern was to stay ahead of disposal technology and ensure that everything possible was done to maintain maximum document security.

Identity theft is the fastest growing criminal activity in the UK. It is estimated that 100,000 people are targeted annually at a cost to the national economy of £1.2 billion. Companies are equally vulnerable - perhaps even more so given the numbers of people who have access to sensitive data.

Every firm is subject to the Data Protection Act and must be demonstrably compliant. This is essential, not just to avoid prosecution, possible compensation and bad publicity but to illustrate to clients that the firm operates with due diligence and responsibility.
Any documentation with a name and address or, heaven forbid, bank details must be safely and securely destroyed and the destruction itself documented. As far as personnel are concerned, this covers a host of paperwork such as payroll information, performance appraisals, applications, promotions and medical records.

Directors and partners should be particularly sensitive about reports, budgets, legal contracts and correspondence. Constant vigilance is the price of security.

Klaas Dykstra