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Backups and the Law...

D

dx2

Gawd
Joined
Jan 6, 2005
Messages
545
I'm a tech at a small shop and we mainly deal with family computers and small businesses. Most of the machines we see are infested with trojans, spyware, and generally around 2-3 years of age.

When I pull a hard-drive to do backups i usually scan the documents and settings folder and then pull users to transfer over once the machine has been wiped clean and all updates and patches applied. Here's where the problem arises, I had no clue that Intuit software wasn't stored in the standard area that MOST other normal programs store their data. A local business computer lost 3 years of accounting data...when they came in they had NO anti-virus and were running Windows XP SP1 and crawling with trojans. All they mentioned was be careful with the back up...three years of quickbooks and taxes down the drain. Not a single backup on there part...in 3 years of using this laptop not a single copy saved to another media besides their hard drive. :confused:

I feel for them to a point, but then I am also amazed at the stupidity of leaving your ACCOUNTING records on a laptop connected to the internet...

now...as a service shop we try our best to account for all of a clients data, but sometimes stuff slips through...like this. They can't hold us liable for their IT stupidity cant they?....the guy is looking to file suit.
 
I hope you had a disclaimer. Most shops have discalimer to the effect of "While we make every effort to protect data on systems entrusted to our repair, we cannot be held liable for any data loss or incidental/consequential damages resulting from such data loss." Of course, they are out and out morons for running SLED without a backup, and there is plenty of negligence on their part, which should come out in court. I am not an attorney, and I am not a credible expert in enterprise backup and recovery, though I can tell you what they should have done to protect their data.
 
I know what ya mean. The list keeps growing in my head of the all the mistakes they've made...
 
If it does go to court, my strategy would be along the following lines: I would admit guilt but not admit liability. They should be responsible for protecting their data, and their total neglect of backup in the past means the data was obviously of little value to them, so your liability should be equally small. You will obviously need an attorney to construct this argument into something that is presentable in court.
 
dx2 said:
now...as a service shop we try our best to account for all of a clients data, but sometimes stuff slips through...like this. They can't hold us liable for their IT stupidity cant they?....the guy is looking to file suit.
Click to expand...

AFAIK there is no law anywhere that states a computer repair shop must backup all customer files. You did things on a best effort basis.

However there are laws that may be applicable in your area that pertain to notifying clients of a security breach the accounting business may be required to adhere to since you found "trojans" on a system that contained sensitive information. ;)

Hire a lawyer.
 
If you did not have them sign a disclaimer releasing you from liability for data, then you have opened yourself up to lawsuits. Get a laywer ASAP, and also have him write up a disclaimer for you for future clients, and have them sign a copy before you touch their computer.
 
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