The Gap Between IT, Legal, and Facilities: Where the Biggest Disposal Liabilities Originate

Introduction

Organizations face significant challenges related to the proper management of electronic waste, especially at the interfaces between the Information Technology (IT), Legal, and Facilities departments. This operational and regulatory gap is the source of the greatest environmental and legal liabilities arising from the improper disposal of electronic equipment and storage media.

Challenges at the interface between IT, Legal, and Facilities

The IT department is responsible for the lifecycle of technological assets, including equipment upgrades and deactivation. The Legal department must ensure compliance with environmental laws, information security, and data protection regulations. The Facilities sector, in turn, controls the logistics of operational infrastructure, including the handling and final disposal of waste.

This incomplete interaction generates risks such as: improper storage, disposal outside current environmental regulations, and violation of data protection laws concerning sensitive media such as hard drives.

Current legal and regulatory aspects

The Legal Framework for Solid Waste Management in Brazil is governed by Law No. 12,305/2010 (planalto.gov.br), which establishes the National Solid Waste Policy (PNRS). This law determines shared responsibility throughout the product lifecycle, including electronic equipment, highlighting the obligation of reverse logistics and environmentally appropriate disposal.

Complementing this, the National Information System on Solid Waste Management (SINIR) (sinir.gov.br) provides operational guidelines and information for efficient management of such waste.

Environmental liabilities from electronic waste disposal

Improper disposal of electronic waste can cause soil and water contamination due to the presence of heavy metals and toxic substances. Beyond the environmental impact, there are legal liabilities related to non-compliance with regulatory standards, which can result in significant fines and operational restrictions.

Consequences of inadequate management of storage media

Media such as hard drives and SSD devices contain sensitive information that, if discarded without proper sanitization, expose the organization to risks of data leakage and violation of the General Data Protection Law (LGPD) – Law No. 13,709/2018 (planalto.gov.br).

The process of secure destruction and sanitization of media must be carried out using certified methods, according to guidelines available from specialized institutions. This procedure minimizes legal risks and protects information assets while maintaining regulatory compliance, as detailed in the secure sanitization of hard drives.

The importance of proper electronic waste collection

To ensure compliance with environmental standards and shared responsibility, it is essential to implement rigorous protocols for electronic waste collection. Choosing accredited partners and formally documenting the processes guarantee traceability and mitigation of environmental and legal liabilities generated by disposal.

To facilitate adherence to these practices, there is the system for proper electronic waste collection, which eases compliance with regulations and reduces associated risks.

Integration and corporate governance for liability mitigation

The solution to this structural gap lies in multidisciplinary integration between IT, Legal, and Facilities through the implementation of internal governance and compliance policies. Training plans, periodic audits, and investments in secure disposal technology are essential tools to mitigate environmental and legal liabilities.

The creation of interdepartmental committees and the adaptation of internal processes to align with PNRS, LGPD, and other applicable regulations ensure greater efficiency in managing asset disposal and storage.

Conclusion

The lack of communication and alignment between the Information Technology, Legal, and Facilities sectors constitutes a latent risk that fosters the emergence of the greatest liabilities related to the disposal of electronic equipment and media. The adoption of legal, technical, and operational practices aligned with Brazilian legislation is essential to mitigate this scenario.

Proper management involves understanding shared responsibilities, specialized collection, and media sanitization, supported by recognized systems and continuous compliance with the Brazilian regulatory framework.