Legal issues utilizing forensic-level data destruction methods for citizens?

Greetings!

Thanks in advance for reading my post. I have looked and Googled multiple variances of "Data Destruction Law/Regulations/etc.." but cannot find anything related to what I am trying to find out. My question is as follows:

I am starting a data recovery/backup/storage/destruction company. I am giving a lot of thought to getting into forensic recovery and destruction for official purposes, but I was wondering if it violated any laws to utilize forensic-level data destruction on a common citizen's HD (or whatever they needed destroyed). Obviously, if someone had data in the instance that pertained to a crime forensically destroyed, it would not be recoverable by government agencies (who I also am going to be working with).

I am sure that using citizen-oriented methods would be fine, but I would like to make the best and most complete methods available to anyone who did not want data recovered. ...No, I am not looking to help criminals evade anything (i am going to work with various agencies and make myself available as an expert witness in criminal cases), I just dont mind capitalizing on an individuals paranoia, as you dont make anything providing this service to the Gov't.

I am researching everything I need to incorporate it into the business plan and I need to know everything there is to know about this, certainly before I make my presentation to investors.

If any of you know or can inform me or guide me to a helpful link, I would be most appreciative!

Also, off-topic, I am now a "folder" on with MJ. I used to work with SETI, so I am looking forward to this.

-Starr

 

Although I'm not a lawyer, I think the basic principle on if data destruction is illegal is mens rea (Latin and law speak for guilty mind) - in other words, did you know or have a strong suspicion that shredding the data was an act of destroying evidence in a criminal or civil investigation.

A classic example of an illegal act was when the now-defunct accounting firm Arthur Anderson destroyed tons of incriminating files (both electronic and paper) during the first weeks of the Enron collapse. The accounting firm knew the data they were destroying was incriminating and could be used in evidence of both criminal and civil actions; the destruction of the data was a clear attempt to hide illegal activity.

Otherwise, secure destruction of data is an everyday event that can prevent crime. If a retailer is getting rid of an old server that has personal order and credit card information for thousands of customers stored on the drives, interbank merchant agreements (MasterCard, Visa, etc.) require the merchant to clean the data off or face financial responsibility if their negligence results in massive ID theft.

If you have specific questions beyond this, it would be best to consult an attorney in your state that specializes in intellectual property and/or computer law.

Hope this helps.

 

I believe that if a client/customer brings a unit to you for data destruction, and presents it as a case of the client getting rid of the unit, and wants all personal data destroyed so that it cannot be used for identity theft, then you would have plausible deniability in that all you knew was you were protecting someone from identity theft. I am no law expert, but this may be an angle you may want to explore .
At the same time, CCLeaner now has a free space wipe, which is supposed to wipe unallocated space, which would include deleted files . Whether or not these wiped areas could be recovered by modern forensics techniques I do not know. Looks like you have some research to do .