Mobile Device Disposal - Data Erasure?
Below is an extract from terms and conditions of a major UK Mobile takeback company and these are standard across the industry. You may want to read the whole blurb but the gist is it is the owner/sellers responsibility to erase any personal data from the unit. In most cases the reasoning behind this is that most companies will perform a factory reset which generally does not eradicate the data on the device. Even if the company does go to the lengths of using specialist software this is not successful in all cases due compatibility issues and they will then again resort to plain factory reset. If you are a consumer this may be an acceptable risk as you just want to achieve the best sale price for the unit and lets face it you don't want another phone kicking about in your draw. What if you are a major corporate managing an estate of many users that need refreshing every 12-18 months, maybe you are a phone retailer or service provider offering a takeback service. It is true that there are companies that specialise in mobile devices but are the best placed to offer a fully compliant recycling service. It would be good to bear in mind that over the last ten years these companies have become experts in maximising the residual value of devices but has this been at the cost of compliance and security? As technology has advanced rapidly in the last few years in the mobile area it is now the case that our whole working/personal lives are stored on these devices. When looking for a disposal partner in this area it is important to consider the following.
- Will the device be securely wiped with approved software?
- Is there zero tolerance to wiping failures ensuring data is physically destroyed?
- Will failed units be 100% environmentally recycled with 0% landfill including the hazardous waste?
- Is the disposal partners main concern your security?
Although a disposal partner specialising in the consumer takeback market may seem financially beneficial can it ensure the protection of your company/customer data?
Standard Terms and Conditions of most providers:
The sale of your mobile phone/device will not under any circumstance, include the sale of a SIM card or other proprietary information. It is a condition of you sending in and any sale of a mobile phone/device that before sending it, you remove and retain SIM cards AND memory cards (or other media) AND all other personal details and data including without limit, all names, mobile phone/device numbers, SMS messages, photos, games, songs, video and all other data from your mobile phone/device. This means that you must remove your SIM card, memory cards and media and all personal data before sending your mobile phone/device. This is a fundamental provision in our agreement. If you do not comply with these obligations, you will be in breach.We will not accept liability for any loss, damage or costs which you incur if the SIM card, memory card or other media are sent with the handset or if personal data remains on the mobile phone/device including without limitation, any charges which you incur as a result of use of your mobile phone/device by any person, whether incurred before or after our receipt of the handset. We will not be in any way responsible for the security, confidentiality, protection, use or disclosure of any personal data which you fail to remove or any losses or costs which arise as a result. If you send a SIM card, memory card or personal details in error or in breach of this section, we will not under any circumstances be able to return them to you and shall have no responsibility in respect of them. If you send personal data to us in error, (other than information we hold about you as a customer) we shall not be deemed to be holding, processing or otherwise using the data on your behalf in any way. Without any liability on our part, we advise you to ensure that you understand and comply with any obligations which you may have in accordance with your agreement with your telecoms service provider including any obligations which you must comply with in disposing of your mobile phone/device. If you do send your SIM card to us in breach of this section, it is your responsibility to inform your provider of your error and you will remain liable for any charges to your account both before and after sending your mobile phone/device to us. This is subject to any terms of agreement you may have with your telecoms provider.