Data cleansing is
a hot issue these days. Similar to Managed Print Services, the
words alone do not adequately express the depth of the issue at
hand. I constantly read and hear from clients, industry experts,
news media, politicians and other dealers about end-use hard drive
data cleansing.
For the uninitiated, data cleansing refers to the removal of
stored information retained on the hard drive contained in most
digital copiers and multi functional products. In theory, when the
image that is to be copied is scanned, the image remains on the
copier’s hard drive. Software, which can be purchased or
downloaded from the Internet for free, is able to capture and
reproduce the stored images of previously scanned, faxed, printed
or copied item.
This information was revealed to the general pubic on April 19,
2010 on the CBS Evening News with Katie Couric. CBS New’s chief
investigative correspondent Armen Keteyian presented an
investigative report dealing with the potential danger of
information that is retained on the hard drives of today’s
copiers. This video is worth watching and is still available for
on line viewing. The easiest way to find it on line is to Google:
CBS evening news copiers Armen Keteyian.
ENX columnist Andy Slawetsky discussed this issue in his July 2010
article Try not to say, “I told you so”. Or you can go online
www,enxmag.com
and look in the
archives under Andy Slawetsky. It is worth reading. Other industry
relevant publications have also addressed the backlash that has
been created by this 5 minute CBS evening news segment.
I personally became involved with this data cleansing story last
March at the 2010 ITEX show. A freelance reporter approached BTA
President Bill James who was in the BTA’s trade show booth. Bill
was questioned about the potential breaches of confidentiality
associated with the hard drives that remain in off leased copiers.
Bill’s joking response was, “Is this going to show up on 60
Minutes?”
Later that day, several BTA board members discussed the hard drive
issues as we ate dinner. My first comment was that most equipment
OEM’s offer data scrubbing software. Keeping in mind California is
the most litigated state in America, our company includes a line
item on our equipment sales / lease agreement that offers the
OEM’s security encryption software. As head of the service
department, I requested an additional requirement for the signer
to initial accept or decline, next to software offering. I was
overruled by the sales department, who stated this was just one
more item they would have to explain to the buyer. Over the past 8
years, not one single sales rep or customer took advantage of
buying this hard drive security feature. By having the product
offering appear on each sales order, we are at least making an
effort to enable the buyer to be aware of their possible security
liabilities.
As the BTA board members continued discussing the security issue,
a humorous discussion took place with remembrances of the type of
items that we, as former field techs reps, had personally found
left on the platen glass of copiers being serviced. Driver’s
licenses, Social Security cards, credit cards, photos, passports,
uncashed checks, pornography, invoices, medical records, and
inmate processing forms were a few of the items remembered. This
same list of left behind articles are also found under the platen
cover and automatic document feeder lids of equipment picked up to
be returned to the leasing company. Humans often seem to be more
concerned with grabbing the copy they just made than retrieving
the original.
Our dinner conversation concluded with the universal lack of
concern displayed by our customers for privacy and security of the
items being copied or scanned. Fast forward two months, add the
concern of Katie Couric and the CBS Evening News’ well produced 5
minute segment. Now people are aware of the potential of the
horrors of how easily their former copier’s hard drive information
can be accessed. All of a sudden users are demanding someone must
take the responsibility and pay the price for their possible
future breach of federal privacy laws.
The backlash of concern continued in the days and weeks following
the CBS Evening News broadcast of ‘Copy Machines – A Security
Risk?’ Bob Goldberg, BTA’s General Counsel reported an onslaught
of calls, emails and texts asking about hard drive liability
issues. As concern and potential state and federal legislation is
being discussed, Bob Goldberg quickly organized and moderated a
Data Cleansing Summit in Orlando, FL, directly following the BTA
Southeast Summer Conference.
With only a few days notice, Goldberg invited a score of
representatives from equipment OEM’s, leasing companies and
industry related software companies to attend an ad hoc meeting
which followed the BTA Southeast conference. Over 25 industry
heavy weights gathered together in Orlando on June 18th.
It was very apparent that there is universal concern that the
selling/leasing dealer, OEM equipment manufacturers, and leasing
company may become responsible for some sort of security liability
or must prove removal of the hard drive and the subsequent
cleansing or destruction. Leasing companies are additionally
concerned that hard drive removal instantly makes their off-lease
returned equipment non-functional. The disposal of the hard drives
creates another ecological set of considerations. Following this
Data Cleansing Summit Goldberg sent this summary of ideas and
follow-up items.
The following action strategies were agreed upon:
1. Develop an end
user publication regarding data and image retention.
2. Coordinate
education efforts with the Federal Trade Commission on data and
image retention.
3. Work with
United States Congress regarding industry efforts to educate end
users regarding data and image retention.
4. Monitor,
testify and submit comments on any proposed state or federal
legislation.
At the conclusion of this meeting, the group discussed planning a
2nd Data Cleansing Summit to be held in White Plains, NY, from
September 23-24 in conjunction with the BTA East Grand Slam 2010
Conference. For more information visit www.bta.org.
BTA offers a Bob Goldberg endorsed downloadable ‘Data Cleansing
Waiver’ and ‘Data Cleansing Agreement or Hard Drive Removal Form’
to BTA members. Goldberg suggests dealers should immediately
include some sort of documentation acknowledging and disclaiming
any past or future data cleansing liability. Sample documents can
be found at www.bta.org. From the home page, click BTA Legal
Services on the right hand side and using the drop down menu,
click ‘Legal documents.’
My best single data cleansing suggestion to dealers is take the
advice of Bob Goldberg. At the very least, your sale/lease
documentation and your maintenance agreement terms and conditions
should state: “End-User is solely responsible for the removal of
any data and/or images retained on the equipment”. An ounce of
prevention can be worth ten tons of cure.
Ronelle Ingram,
author of Service With A Smile, also teaches service seminars. She
can be reached at
ronellei@msn.com
