More Links
> Laptop Loss
Statistics
>
Regulatory Compliance
> Recent
Data Breaches
Complete Data Protection
Remote Data
Backups ensures you never lose your data; DataRevoke
ensures no one else finds it. |
Data Management and Regulatory Compliance Laws
Prominent federal regulations impacting records
management:
- Sarbanes Oxley
Act
Implements multiple sweeping reforms within the accounting
industry
- Healthcare Insurance
Portability and Accountability Act (HIPAA)
Limits the use and
disclosure of individually identifiable information
- Gramm-Leach-Bliley Act
(GLB)
Requires financial institutions to ensure the security and
confidentiality of customers’ non-public, personal information
- USA Patriot
Act
Measures to prevent, detect and prosecute terrorism and
international money laundering, giving the government new powers to request
confidential company info
- Fair and Accurate
Credit Transactions Act (FACTA)
Protects “consumer
information” and provides regulations to properly dispose of it and
protect against unauthorized disclosure
- Bank Secrecy Act
Requires financial institutions to maintain records of transactions
that are useful to the Department of Treasury in criminal, tax and regulatory
investigations
- Electronic Signature in
Global and National Commerce Act
Provides assurances that
electronic records and contracts can have the same legal authority and
protection as paper records and contracts
- Rules 26 & 34 of
the Federal Rules of Civil Procedure
Governs the discovery and
disclosure of information relevant to civil actions
- Uniform Preservation
of Private Business Records Act (UPPBRA)
Enacted by several states
business records not otherwise specified may be destroyed after the expiration
of three years
- Uniform Photographic
Copies of Business & Public Records as Evidence
Act
Reproductions of records have the same legal significance as the
original (UPA)
- SEC Rules 17a-3 &
4
Record retention requirement governing broker-dealer records in
all formats
- The Paperwork
Reduction Act of 1980
Provides the framework to control the
paperwork burdens the federal administrative agencies can place on the
public
- Department of
Defense: Standard for Records Management Software
Establishes
mandatory baseline functional requirements for Records Management Applications
(RMA) software
State regulations
- New York: Information Security Breach and Notification Act
Governor George Pataki signed the Information Security Breach and
Notification Act (A04254) into law on August 10th, 2005, joining a growing
number of states which legislate the protection of consumers' personal
data.
- California's SB-1386 law requires disclosure of compromised
data
Privacy law requiring all businesses that own or license
computerized data with personal information, to disclose to residents any data
security breach if unencrypted personal information is reasonably believed to
have been acquired by an unauthorized person.
- Washington's Substitute Senate Bill (SB-6043)
Enacted
on July 23rd, 2005, the law regulates disclosure standards concerning data
security breaches involving unencrypted personal information.
International regulations
- Safe Harbor Act
(European Union Data Protection Directive)
Places new requirements
on businesses that wish to collect, process or transfer personal data from an
EU Member State
- ISO 15489 –
Records Management Standard
International standard that provides a
high level framework for recordkeeping
- Canadian Personal Info
Protection and Electronic Documents Act (PIPEDA)
Governs the
collection, use, and disclosure of personal info in commercial activities
|
