The Law

Information Destruction Laws

With identity theft and information fraud at an all-time high, the federal government has enacted over 40 information destruction laws to protect consumers.  Here’s a brief synopsis of the three most significant pieces of consumer information protection legislation:


The Fair and Accurate Credit Transaction Act (FACTA) requires that any individual or business that maintains personal consumer information must take reasonable care to protect against unauthorized access to this information, and they must also destroy personal consumer information before it is discarded.  Violation of FACTA, which went into effect in 2005, can mean fines and penalties of up to $2,500 for each consumer record compromised.  For more information about FACTA
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The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for the protection of personal health information.  HIPAA, which went into effect in 1996, requires all healthcare providers, including any organization that transmits personal health information, to maintain the confidentiality of this information and to destroy the information before it is discarded. Penalties for violations can reach $500,000 dollars and 10 years in prison. For more information about HIPAA
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The Gramm-Leach-Bliley Act requires that all financial institutions protect the confidential information of their clients.  Banks, credit unions, mortgage companies, investment and financial services firms and insurance underwriters are among those affected.  Fines for violating GLB can be severe and can reach $1,000,000 and 10 years in prison. For more information about GLB
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Total Security Breaches Nationwide Tops 218 Million!

Think a security breach can’t happen to your organization?  Wrong !   Since  tracking security breaches starting in Jan. 2005, PrivacyRights.Org reports that over 218 million confidential files, in every imaginable industry, have been compromised!  For a comprehensive list of these information security breaches,
click here.

Legal & Regulatory
Violations Caused By
NOT Destroying Info Before Discarding

Direct Violation
Conditional Violation

Privacy Act
Economic Espionage Act
Trade Secret Protections
I.D.Theft Laws(Where Applicable)
Implied Contract Breach
Account Data
Banking Info & Docs
Brainstorming Notes
Cancelled Checks
Copies of checks
Customer’s Addresses
Customers Names
Drafts of Contracts
Drafts of Letters
Drafts of Proposals
Educational Records
Employee Info
Insurance Info
Internal Memos
Loan Info
Market Analysis
Medical Info
Mis-Aligned Forms
Mis-Printed Copies
Obsolete Contracts
Obsolete Records
Patient Billing Info
Patient Names
Payroll Info
Phone Logs
Phone Messages
Purchase Orders
Sales Call Reports
Sales Info
Shipping Data
Soc. Sec. Numbers
Supplier Info
Training Info
Visitor Logs