Most people do
not consider that their personal and/or business files may come back
to haunt them later. For example, after a lawsuit is filed, the parties
are able to subpoena, or require the opposing party to produce, specifically
designated groups of documents and information. Of course, the scope
and nature of the requested information is subject to certain limitations.
The documents or data you once considered private or "untouchable"
however may become subject to the eyes and ears of others.
Barring a disappearance of the computer, there is no sure-fire way
to hide or destroy the sensitive or private information contained
therein. Scrubber programs and deletion of files are not guaranteed
to do the job. The first problem with using a scrubber program is
that you can damage your hard-drive. In addition, if you are thinking
about using a scrubber program with the intent of destroying potential
evidence or as the result of a pending lawsuit, you might want to
reconsider.
The intentional destruction of evidence can damage or destroy your
chances of being successful in a related lawsuit. Also, with the advances
in forensic computer technology, it is relatively easy to determine
whether a scrubber has been used, when it was used, and how many times
it was used. Thus, even if you succeed at wiping any trace of evidence
from your computer, which might otherwise be explained or defended,
you may face the prospect of having the court and/or the jury make
negative inferences about the alleged evidence based on the fact that
it was intentionally destroyed. Additionally, even when a scrubber
program is used, a good forensic technician can often still recover
incriminating information that you may have intended to destroy. Based
on the foregoing, it should be obvious that deleting documents or
information on your computer or emptying the recycling bin does not
rid the hard-drive of the information being deleted.
Much of this may be obvious but it is always surprising for me to
see individuals who have created files or documents that completely
undermine their position on a given issue. Simply put, the best and
safest approach is to be honest in your actions and think before you
create documents or information that you would not want to be published
for any reason.
This article is not meant to, nor does it, address issues related
to criminal conduct or all possible consequences resulting from the
destruction of evidence.
