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It’s your data, legally, Cradle to Grave & Hereafter

Privacy Rules

HIPAA and PSQA (Patient Safety & Quality Improvement Act 2005)- policies and procedures to control access and security of records. Destruction is required of information not maintained within authorized control of the provider, patient, and contracted business associates. Go to hhs.gov or cms.gov for additional guides.

FCRA, Fair and Accurate Credit Transactions literally apply to anyone doing business. FTC rules, specifically, FACTA Disposal rule extends beyond credit bureaus, financial institutions, and leasing companies to employers, car dealers, landlords, debt collectors, private investigators, even any individual who obtains credit reports on contractors (nannies, etc.). You are required to make every effort to control information and

– Burn, pulverize, or shred papers containing credit report information so that the information cannot be read or reconstructed.

– Destroy or erase electronic files or media containing credit report information so that the information cannot be read or reconstructed.

– Conduct due diligence and hire a document destruction contractor to dispose of material specifically identified as credit report information consistent with the rule.

The Red Flag Rule requires policy and procedures to ensure action to prevent loss or theft and to pursue concerns about personal identity loss or theft

Digital deletion is nearly impossible by conventional means. Aside from government level degaussing, the current practices are smashing equipment to pieces, drilling holes into the case so that the magnetic disk inside is destroyed, and immersion in acid. Conversely, software measures essentially attempt to write over data with meaningless ones and zeros. But erasing digital data "so that the information cannot be read or reconstructed" is ill-defined within the new FTC rule.

Ultimately, the expectation in any industry or under any law is absolute control or destruction of information. This public standard of privacy includes preventing recovery by existing or future means. It is not restricted to conventional methods.