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The Law
Are You Compliant?
The increase in identity theft crime has caused the enactment of various laws. California is one of the leaders in consumer protection when it comes to identity theft. It's important that you understand what type of risk your company may be in should your company not adhere to the intent of the law. Below are some links that may assist you in your assessment.
HIPPA
Health Insurance Portability and Accountability Act (HIPPA), was enacted in 1996 and includes provisions intended to safeguard the privacy of patient health records. HIPPA is a significant piece of legislation with onerous penalties. HIPPA specifies shredding as a recommended form of document disposal.
HIPAA
http://www.hhs.gov/ocr/privacysummary.rtf
(See page 14 of this document in regards to shredding information.)
Penalties for HIPAA violations:
http://www.utmb.edu/compliance/hipaa/hipaa-overview.htm#penalties
American Medical Association
http://www.ama-assn.org/ama/pub/category/11805.html
Health and Human Services
http://www.hhs.gov/ocr/privacysummary.rtf
GLB
Gramm Leach Bliley (GLB) is another federal law with much broader scope than HIPPA. The broad standards outlined in this law were designed to compel financial institutions to respect the privacy of its customers and to protect the security and confidentiality of those customers non-public personal information
GLB (Gramm Leach Bliley)
Senate Banking Committee Report
http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
FACTA
The Fair and Accurate Credit Transactions Act of 2003 also known as the FACTA Act was signed into law December 4, 2003. The Act contains a number of provisions intended to combat consumer fraud and related crimes, including identity theft.
Federal Trade Commission Report
http://www.ftc.gov/privacy/glbact
FACTA (Fair and Accurate Credit Transactions Act)
National Consumer Law Center
http://www.consumerlaw.org/issues/credit_reporting/nclc_analysis.shtml
Documents containing the following personal information should be destroyed:
- Telephone Numbers
- Drivers License Number
- Passport Number
- Credit Card Numbers
- Bank Account Information
- Address
- Social Security numbers
- Insurance Policy data
- Employment information
- Investment account information
The following types of Documents should always be destroyed:
- Legal Documents
- Medical Records
- Financial Records
- P&L Statements
- Accounting
- File/Records
- Personnel Files
- Payroll Records
- Market Research
- Bank Statements
- Tax Records
- Contracts
- X-Rays
- Client Lists
- Invoices
- Price/Inventory Lists
- Proposals and Quotes
- Cancelled Checks
- Business Plans
- R&D Files/Data
- Credit Card Statements
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