When Hewlett-Packard's overzealous investigation into boardroom leaks hit the news last fall,
many people were shocked—shocked!—to hear that the tech giant may have hired third-
party investigators to go through individuals' trash. In fact, Dumpster diving is a favorite technique of
investigators, and depending on the circumstances—such as local laws and whether trash pickup
occurs on public property—it is often legal.
All of which creates the need for employees to shred sensitive documents. Below are a few best
practices you can share with colleagues.
Remember that trash is not inherently private. In 1998, the Supreme Court ruled that Americans do not
have a right to privacy when it comes to their trash. What's more, the Economic Espionage Act of 1996,
which made it a federal offense to steal trade information, does not protect companies that fail to take
reasonable steps to protect their information.
Keep documents only as long as you need to, then follow the instructions for disposal. Especially in
regulated industries such as health care and financial services, your company should have policies in
place for how long different types of documents should be kept on hand. Be familiar with the retention
policies for documents you handle, and make sure you follow the instructions for disposing of them as
soon as the retention period is up.
Don't shred documents out of turn—such as when your company is about to get sued. It will
make you look guilty, and the law is not in your favor.
When customer or employee information is headed for the trash, destroy it if it contains information
that you would not want made public about yourself. Documents that contain names, Social Security
numbers, dates of birth, account balances, health conditions or other personal information should
always be shredded.
Shred trash-bound documents that could help the competition. Customer lists, sensitive pricing
information, strategic planning documents and trade secrets should never just be tossed in the garbage
or recycle bin.
Be especially diligent if you deal with information from consumer reports. The Fair Credit Reporting Act
protects credit reports and credit scores as well as reports relating to employment background, check
writing history, insurance claims, residential or tenant history, or medical history. Anyone who handles
this type of information—from a large mortgage company on down to a family hiring a
nanny—must follow strict disposal guidelines that may reasonably include burning, pulverizing
or shredding papers so that the information cannot be read or reconstructed.
Speak up if the shredding system in your department is so onerous that people avoid it. Companies
have many options for shredding documents, from a $40 cross-cut shredder to outsourced services
that will pick up locked bins of sensitive documents, shred them onsite for a fee based on quantity and
provide a certificate of destruction.
–Sarah D. Scalet