It lingers on – that vaguely guilty feeling that there’s something sanctionable, even illegal, about routinely destroying business data. That’s nonsense. It is well-settled United States law that a company may indeed dispose of business data, if done in good faith, pursuant to a properly established, legally valid data retention schedule, and in the absence of an applicable litigation preservation duty.
Even the courts themselves dispose of their data. Federal courts are required by U.S. law to follow a retention schedule approved by NARA, and to ultimately destroy records or transfer them to the Federal Records Center, as directed by that retention schedule.
Here are but a few of the many case decisions on this point: