New York Private Investigator Regulations Practice Exam

Under what condition can an 'Employee Statement' and a fingerprint card be destroyed?

1. If the employee resigns

2. If not employed for at least 1 year and no litigation pending

3. After 5 years

4. When the PI changes companies

The correct answer is: If not employed for at least 1 year and no litigation pending

The correct condition for the destruction of an 'Employee Statement' and a fingerprint card is when an employee has not been employed for at least one year and there is no litigation pending. This stipulation reflects the importance of retaining certain documents for a specific duration, especially when they may be relevant in potential legal circumstances. Keeping these records for at least one year allows for accountability and the possibility of addressing any issues that may arise after an employee's departure. Once the one-year period has elapsed without any ongoing litigation, the entities are within their rights to dispose of these documents, as they are no longer needed for corporate or legal responsibilities. This policy is important in the context of privacy and data protection, ensuring that outdated information does not linger longer than necessary. The other conditions listed do not meet the required standards for destruction. For instance, an employee resigning does not automatically imply that it is appropriate to destroy sensitive information, as it might still be relevant for some time thereafter. Similarly, merely changing companies or a fixed timeline like five years does not take into account the specific circumstances concerning ongoing litigation, which is the primary consideration in determining whether these documents can be safely discarded.