Re:Destruction of evidence charges filed for remotely wiping...
by Nasrudith on Wednesday November 14, 2018 @09:26AM
(#18450008)
I think it is essentially identical to deletion policies - except you probably don't have any legal requirements for minimum retention policies not a lawyer admittedly.
Essentially they need to subpeona you to formally tell you to preserve all potential evidence and stop the deletions or take backups such that the day to day deletions are irrelevant. The later being a fine but important distinction that shredding extra copies of your own is okay. You wouldn't get arrested for copying a customer's account information to do profit margin math and then shred the copy when done to ensure their privacy.
If you are unbound by other regulations there is nothing illegal about reimagining your device every 24 hours.
If they were trying to keep a low investigation profile and never told you that you were to preserve the data the destruction of evidence is on their incompetence.
If you implemented it post subpoena you are at fault of course.
Essentially they need to subpeona you to formally tell you to preserve all potential evidence and stop the deletions or take backups such that the day to day deletions are irrelevant. The later being a fine but important distinction that shredding extra copies of your own is okay. You wouldn't get arrested for copying a customer's account information to do profit margin math and then shred the copy when done to ensure their privacy.
If you are unbound by other regulations there is nothing illegal about reimagining your device every 24 hours.
If they were trying to keep a low investigation profile and never told you that you were to preserve the data the destruction of evidence is on their incompetence.
If you implemented it post subpoena you are at fault of course.