In a message dated 11/20/2004 12:57:25 AM Eastern Standard Time,
[log in to unmask] writes:
does anyone have real world examples of
lawsuits resulting from failure to shred? Legal requirements to shred?

Check the State of Washington Requirement.  Can't be clearer.

Bob Dalton, CRM
Dalton Consulting

...............................

Personal Information Disposal in the State of Washington

RCW 19.215.010
Definitions.
The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise.
     (1) "Entity" includes a sole proprietor, partnership, corporation,
limited liability company, trust, association, financial institution,
governmental entity, other than the federal government, and any other
individual or group, engaged in a trade, occupation, enterprise,
governmental function, or similar activity in this state, however organized
and whether organized to operate at a profit.
     (2) "Destroy personal information" means shredding, erasing, or
otherwise modifying personal information in records to make the personal
information unreadable or undecipherable through any reasonable means.
     (3) "Individual" means a natural person, except that if the individual
is under a legal disability, "individual" includes a parent or duly
appointed legal representative.
     (4) "Personal financial" and "health information" mean information that
is identifiable to an individual and that is commonly used for financial or
health care purposes, including account numbers, access codes or passwords,
information gathered for account security purposes, credit card numbers,
information held for the purpose of account access or transaction
initiation, or information that relates to medical history or status.
     (5) "Personal identification number issued by a government entity"
means a tax identification number, social security number, driver's license
or permit number, state identification card number issued by the department
of licensing, or any other number or code issued by a government entity for
the purpose of personal identification that is protected and is not
available to the public under any circumstances.
     (6) "Record" includes any material, regardless of the physical form, on
which information is recorded or preserved by any means, including in
written or spoken words, graphically depicted, printed, or
electromagnetically transmitted. "Record" does not include publicly
available directories containing information an individual has voluntarily
consented to have publicly disseminated or listed, such as name, address, or
telephone number.
 ...

RCW 19.215.020
Destruction of information -- Liability -- Exception -- Civil action.
(1) An entity must take all reasonable steps to destroy, or arrange for the
destruction of, personal financial and health information and personal
identification numbers issued by government entities in an individual's
records within its custody or control when the entity is disposing of
records that it will no longer retain.
     (2) An entity is not liable under this section for records it has
relinquished to the custody and control of the individual to whom the
records pertain.
     (3) This subsection [section] does not apply to the disposal of records
by a transfer of the records, not otherwise prohibited by law, to another
entity, including a transfer to archive or otherwise preserve public records
as required by law.
     (4) An individual injured by the failure of an entity to comply with
subsection (1) of this section may bring a civil action in a court of
competent jurisdiction. The court may:
     (a) If the failure to comply is due to negligence, award a penalty of
two hundred dollars or actual damages, whichever is greater, and costs and
reasonable attorneys' fees; and
     (b) If the failure to comply is willful, award a penalty of six hundred
dollars or damages equal to three times actual damages, whichever is
greater, and costs and reasonable attorneys' fees. However, treble damages
may not exceed ten thousand dollars.
     (5) An individual having reason to believe that he or she may be
injured by an act or failure to act that does not comply with subsection (1)
of this section may apply to a court of competent jurisdiction to enjoin the
act or failure to act. The court may grant an injunction with terms and
conditions as the court may deem equitable.
     (6) The attorney general may bring a civil action in the name of the
state for damages, injunctive relief, or both, against an entity that fails
to comply with subsection (1) of this section. The court may award damages
that are the same as those awarded to individual plaintiffs under subsection
(4) of this section.
     (7) The rights and remedies provided under this section are in addition
to any other rights or remedies provided by law.

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance