Current through Chapter 155 of the 2021 Legislative Session
Section 6-1-713 - Disposal of personal identifying information - policy - definitions(1) Each covered entity in the state that maintains paper or electronic documents during the course of business that contain personal identifying information shall develop a written policy for the destruction or proper disposal of those paper and electronic documents containing personal identifying information. Unless otherwise required by state or federal law or regulation, the written policy must require that, when such paper or electronic documents are no longer needed, the covered entity shall destroy or arrange for the destruction of such paper and electronic documents within its custody or control that contain personal identifying information by shredding, erasing, or otherwise modifying the personal identifying information in the paper or electronic documents to make the personal identifying information unreadable or indecipherable through any means.(2) For the purposes of this section and section 6-1-713.5: (a) "Covered entity" means a person, as defined in section 6-1-102(6), that maintains, owns, or licenses personal identifying information in the course of the person's business, vocation, or occupation. "Covered entity" does not include a person acting as a third-party service provider as defined in section 6-1-713.5.(b) "Personal identifying information" means a social security number; a personal identification number; a password; a pass code; an official state or government-issued driver's license or identification card number; a government passport number; biometric data, as defined in section 6-1-716(1)(a); an employer, student, or military identification number; or a financial transaction device, as defined in section 18-5-701(3).(3) A covered entity that is regulated by state or federal law and that maintains procedures for disposal of personal identifying information pursuant to the laws, rules, regulations, guidances, or guidelines established by its state or federal regulator is in compliance with this section.(4) Unless an entity specifically contracts with a recycler or disposal firm for destruction of documents that contain personal identifying information, nothing herein shall require a recycler or disposal firm to verify that the documents contained in the products it receives for disposal or recycling have been properly destroyed or disposed of as required by this section.Amended by 2018 Ch. 266,§ 1, eff. 9/1/2018.L. 2004: Entire section added, p. 1959, § 2, effective August 4. L. 2018: (1), (2), and (3) amended, (HB 18-1128), ch. 266, p. 1632, § 1, effective September 1.
This section was originally numbered as § 6-1-712 in House Bill 04-1311, but has been renumbered on revision for ease of location.