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Mon, 27 Apr 2009 16:07:48 -0500 |
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Correction on the amount. House Bill 698 was passed in Texas in 6/18/2005
and took effect 9/1/2005. It spells out a fine of $500 (not $50) per item
to businesses which do not properly dispose of personally identifiable
information as defined by the language in the bill. Here's the text
relative to the fine in the Texas Business and Commerce Code TBCC 35.48 (f):
"(f) A business that does not dispose of a business record of a customer in
the manner required by Subsection (d) is liable for a civil penalty of up to
$500 for each record. The attorney general may bring an action against the
business to:
(1) recover the civil penalty;
(2) obtain any other remedy, including injunctive
relief; and
(3) recover costs and reasonable attorney's fees
incurred in bringing the action."
This is dwarfed by Georgia which is $5,000 per item. Yes, that's five
thousand per item. For example one name and one Social Security number
equals $5,000 potential fine.
If you've ever seen a single reference binder with names and Social Security
numbers (which used to be a common filing reference) of hundreds or
thousands of past or present employees. Imagine the potential fine for that
single binder being in a dumpster in Georgia. It could be millions or
hundreds of millions very quickly.
This is stuff to take very seriously!
> In Texas and other states, anyone found dumping such records would face
> a very unhappy Attorney General, and could face prosecution.
> not only would the TxAG be unhappy, but the fines can be substantial since
> it is calculated at $50 per record found. IIRC CVS was hit with a very
hefty
> multimillion dollar fine by Tx
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