The Law

The increase in IDENTITY THEFT crime has caused the enactment of the laws described below in order to protect individuals and business. The essence of these laws is to protect from the crime of IDENTITY THEFT by securing private personal information. Some states have also enacted laws, including the states of California, Wisconsin and Georgia. One of the first and most well known of the laws is HIPAA, which was enacted to protect the privacy of patient information.

HIPAA

Health Insurance Portability and Accountability Act (HIPAA), was enacted in 1996 and includes provisions intended to safeguard the privacy of patient health records. HIPAA is a significant piece of legislation with onerous penalties. For a full text of the SUMMARY OF THE HIPAA PRIVACY RULE from the Department of Human Services, available online go to: http://www.hhs.gov/ocr/privacysummary.rtf. See page 14 of this document in regards to shredding information.

PENALTIES FOR HIPAA VIOLATIONS   |   American Medical Association   |   Health and Human Services

FACTA

The Fair and Accurate Credit Transactions Act of 2003 also known as the FACT Act was signed into law on December 4, 2003. The Act amends the Fair Credit Reporting Act (“FCRA”). The Act contains a number of provisions intended to combat IDENTITY THEFT and consumer fraud and related crimes. Specifically the act requires the destruction of PAPERS CONTAINING CONSUMER INFORMATION. Virtually every business or organization is bound by this law.

National Consumer Law Center   |   Federal Trade Commission   |   Privacy Rights Organization   |   CALIFORNIA SB 1386

GLB

Gramm Leach Bliley (GLB) is another federal law with a much broader scope than HIPAA. This law was 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.” This language suggests that paper documents containing such personal information should also be protected when in use and safely destroyed when no longer current and usable.

Senate Banking Committee Report   |   Federal Trade Commission Report

Sarbanes-Oxley Act of 2002 / Public Company Accounting Reform and Investor Protection Act of 2002 / SOX or Sarbox
ITPEA: The Identity Theft Penalty Enhancement Act of 2004

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