The FTC is holding you responsible...

[thehorse13]

for proper data destruction. I want everyone to see this because if you happen to have a nanny and you do a background check on her, you are responsible/liable for that information. Times have changed folks. Everyone has to become security conscience or face the man.

http://www.ftc.gov/bcp/conline/pubs/...sposalalrt.htm

[11001001]

Excellent link!

This is very important to be aware of if you own or run a business that as a practice runs CORI and/or credit checks on potential employees, and it's information that a lot of people who probably don't know, should know.

[phishphreek]

destroy or erase electronic files or media containing consumer report information so that the
information cannot be read or reconstructed

By what standards? Many people think that the delete key will erase the data.
More people think that after a drive has been formatted... the data can't be recovered...

They don't say how it should be erased and using which tools, etc.

Many people that this applies to will know nothing about data destruction.

Attorneys or private investigators

They will likely have computers... but no IT staff. I've done side work for several small attorney offices. Not a single one of then knew much about computers. In fact... some of them gave me their old computers with all their client's data on them!

So, would I be responsible for destruction of their data?

[thehorse13]

As 11001001 points out, SOHOs are also in the line of fire. The law covers *everyone*. There is no escape from liability anymore.


Phissshy, if you are representing them as their IT person, then you represent the company, and the company will be liable (not you personally per se).

[RoadClosed]

Interesting read. We already have laws the govern privacy like the Bank Secrecy Act the Privacy Act of 1978, GLBA, HIPPA etc. They even go into disposal. This is good guidance on what to look for and manage and the FTC has some tiny teeth to enforce gross negligence at a federal level to non government regulated agencies such as Bob's Pizza.

//EDIT It looks like this only covers data from consumer reports, meaning credit reports. Background checks that do not contain info from the major bureaus do not apply?

[Spyder32]

Interesting article thehorse.. Let me go over somethings:

Times have changed folks. Everyone has to become security conscience or face the man.

This is 100% true IMHO. Without that specific conscience and thought of security, you will pretty much go down. Not only that, but as times change so does the need to realize what liabilities people have to their own. As freedoms change and laws tighten, a persons liability fluxuates aswell.

My theory: You are hired by a company to be their IT tech. You are now A PART of their company and anything associated thereof. Being hired is the same as being recruited to join a gang per se. You are now apart of them and their actions (or inactions for that matter) CAN and possibly WILL bite you in the ass.

Just my opinion, I can further reiterate if needed my opinions/thoughts.