FREQUENTLY ASKED QUESTIONS ON SECURE DESTRUCTION & DISPOSAL

SECURE DESTRUCTION AND DISPOSAL OF DOCUMENTS

In addition to any common law duty, a statutory duty of care arises arises and is regulated under,

• Environmental Protection Act 1990,
• Environmental Protection (Duty of Care) Regulations 1991
• Waste Management Licensing Regulations 1994
• Control of Pollution (Amendment) Act 1989
• Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

• Prevent the unauthorised or harmful disposal of your waste by another person.
• Prevent the escape of the waste from your or any other person's control.
• On the transfer of the waste to secure:
  (i) That the transfer is only to an authorised person or to a person for authorised transport purposes; and
  (ii) That there is transferred such a written description of the waste as will enable other persons to avoid the unauthorised or harmful disposal of the waste and to comply with their own Duty of Care.

You must ensure the proper and safe disposal of waste even after you have passed it on to another party such as a waste contractor (for example by obtaining a certificate of destruction), scrap merchant, recycler, local council or skip hire company. The Duty of Care has no time limit, and extends until the waste has either been disposed of or fully recovered.

• Any person who is registered as a carrier of controlled waste.
• An authority which is a waste collection authority.
• Any other person exempt from registration as a carrier of controlled waste.
• In Scotland, a waste disposal authority acting in accordance with a resolution made under section 54 of the Environmental Protection Act 1990.

Ensure that all those treating, storing or disposing of your company's wastes (wherever that may be) have a waste management licence or exemption certificate. Some waste disposal or recovery activities are regulated under the Pollution Prevention and Control Regulations 2000 and in these cases, instead of a waste management licence, a Pollution Prevention and Control permit will be held. Ask to see a copy of the exemption certificate or licence, and confirm with your environmental Regulator.

Check to establish if any containers or other materials taken back by a supplier are, in fact, being reprocessed or disposed of. If they are, check that the supplier is a registered waste carrier as above and, if applicable, holds a waste management licence. Ask to see a copy of the licence or exemption, and check with your environmental Regulator.

Ensure that all wastes that arise irregularly (e.g. redundant materials, wastes arising from cleaning up spills) are declared on WTNs. Note that some of these wastes may have to be handled as Special Waste.

Never rely on waste carriers or waste management contractors to describe your waste for you on WTNs. Write descriptions of the waste on documentation yourself and write them accurately. Non specific terms such as 'general waste' or 'inert waste' are not acceptable. The purpose of the description is to allow other people who handle the waste to know what they are dealing with so that they can handle it safely and properly.

Keep copies of all WTNs for two years.

• Processed fairly and lawfully
• Obtained & used only for specified and lawful purposes
•  Adequate, relevant and not excessive
•  Accurate, and where necessary, kept up to date
•  Kept for no longer than necessary
•  Processed in accordance with the individuals rights (as defined)
•  Kept secure
•  Transferred only to countries that offer adequate data protection

The legislation underpinning these principles is complex and not really suitable for direct devolution to all the staff who may have responsibility for personal data. At least one person within the business with access to senior management should understand the impact of the DPA .