Privacy Legislation

Privacy - PROSCAN Solutions

Full Compliance With Current Privacy 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 Digitizing Sensitive Documents

Converting to an electronic management system first requires proper digitization. Maintaining security and compliance during the conversion process is an essential part of any conversion plan. Guidelines for securely digitizing and managing sensitive documents have been established by acts such as HIPAA and HITECH. These guidelines include requirements for conversion, file storage, metadata, retention, user access, and more. They were created to help ensure businesses and organization remains compliant with the various privacy legislation laws.

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 organization’s operations. PROSCAN®, together with PROSHRED®, helps establish a secure, convenient, cost-effective, and sustainable solution for digitizing and destroying your confidential documents. Our industry-leading solutions ensure long-term compliance and superior privacy and security for employees and customers alike.

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