Current Privacy Legislation
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Red Flags Rule Explanation
The Red Flags Rule is a law put forth by the Federal Trade Commission which forces financial institutions and creditors to develop and implement written identity theft prevention programs. Identity theft is a major problem in the current business environment.
How does shredding tie into this?
Having a plan set up where you shred your sensitive documents is an excellent way to help you comply with the FTC anti-identity theft regulations. So, if you do not have a professional shredding plan set up yet, then it would be very wise for you to contact PROSHRED® Norfolk to create a shredding schedule for you today. This is especially true if your business is in danger of failing to comply with the Red Flags Rule.
Who has to comply with the Red Flags Rule regulations?
Creditors – Any business which extends, renews, or continues credit.
Financial Institutions – National banks, state banks, savings and loans associations, mutual savings banks, credit unions, etc.
Full Compliance With Current Legislation
Any business or institution has an inherent obligation to protect the private information under their control both ethically and legally. Maintaining full legal compliance with privacy legislation is crucial in taking a proactive defense against the increasing prevalent risks of identity theft and corporate espionage.
Staying Up-To-Date With Recent Changes
Federal and state legislation is subject to continual change and amendment that can cause fluctuations in corporate liability from year to year. Currently, all businesses and institutions are now liable for the protection of private information from the time that it is collected until the time it is properly destroyed. This now requires every company, from small home businesses to established Fortune 500 conglomerates, to take full responsibility of the protection and disposal of sensitive and confidential information.
Securely Disposing of Sensitive Documents
The disposal process is the key factor in assessing whether or not a business is compliant with the firm’s corresponding privacy legislation laws. The FACTA Disposal Rule of 2005 requires that “reasonable measures” must be taken during the disposal process to eliminate “unauthorized access to or use of the information”. The ‘reasonable measures’ within this legislation dictate that documents must be “shredded, pulverized or burned so that the documents… cannot be read or reconstructed”.
Legislation Varies According to Industry
It is imperative that businesses understand the unique privacy legislation that may only apply to their specific industry or sector. Legislation such as the Economic Espionage Act (EEA) and Identity Theft Penalty Enhancement Act (ITPE) applies to the vast majority of organizations, while further legislation sets additional regulations for key industries – such as HIPAA for the health care industry and GLBA for the financial sector.
Legislation Varies According to State
In addition to industry-specific legislation, laws can vary according to location as well. While state legislation covers broad compliance measures, increasingly prevalent state laws help to further refine the explicit procedures and policies that a business is expected to have in place in order to protect the privacy and security of sensitive information.
The Importance of Legal Compliance
Failing to maintain legislative compliance can put any business at risk of serious fines and penalties that can negatively affect the firm’s operations. Establish a secure, convenient, cost-effective, and sustainable method of document destruction with an industry leader like PROSHRED®‘s comprehensive shredding services to ensure long-term legal compliance and superior privacy and security for employees and customers alike.