New FTC reg?

zen · May 2005

I guess I've had my head in the sand..what is this new compliance issue for the FTC regarding employer responsibilities as pertains to identity theft? I tried the FTC site, but had problems with the search function - anyone able to offer the reg?

TN HR · May 2005

I don't know that it's a mandate, but I read soimething about it some time ago. Basically, work to eliminate as much data from regular documents, forms, etc. Also, you must take extraordinary steps to safeguard access to this information.

I think the reason this is on the radar scope is because of the recent ruling in Michigan against an employer and it's union. Both were held equally and jointly liable for a snafu that caused personal information to be compromised. Many employees then became victims of identity theft.

Gene

Don D · May 2005

Was that the case where the daughter of the union official, working at the union hall, took work home while sick, and subsequently stole the identities of multiple union members? I didn't see that the employer was found liable in that case.

flaroyale · May 2005

Take a look at this news release. It may be what you are looking for.

[url]http://www.consumer.gov/idtheft/pressreleases04-05.html[/url]

MaryB · May 2005

I had to do a little research about this recently and this has to do with the FACTA final rules regarding properly disposing of employee consumer reports. See the press release issued by the FTC dated 11/18/04. In my company, we are having each business unit review it's policies/procedures for safeguarding consumer info. We do background checks and FBI reports in our organization and proper disposal and locked filing is part of our procedure.

Don D · May 2005

How do you do 'FBI reports'?

TN HR · May 2005

"How do you do 'FBI reports'?"

Simple. You ask the Clintons for them.

HRLASS · May 2005

The regulation which goes into effect June 1, 2005 is called the "Disposal Rule". It is adopted per the Fair and Accurate Credit Reporting Transactions Act of 2003. 16 CFR 682 probably won't be revied to reflect the changes until next year. The Final Rule can be found in the Federal Register, November 24, 2004, page 68697. (Go to the Federal Register website and look under Tables of Contents, Federal Trade Commission.) I had the same question from our HR dept and wondered where I had been.....

JM in ATL · May 2005

OK, but does this mean that we have to destroy all information that is current in employee files

OR

Does this mean that when we archive a file or dispose of a file after the exp. date - that is when we destroy the documentation?

When should the information be destroyed? Now or when the ee file expires after termination?

HRLASS · May 2005

Actually it doesn't relate to personnel files in particular. It reads primarily as applying to customers, though employees still qualify. It says that when you destroy documents, (presumably in line with the legal record retention schedules) any documents containing any personal identification information (names, addresses, customer account or credit/banking account information, SSNs, etc.) hard copies must be shred or otherwise completely destroyed before being disposed of and electronic copies (computer disks, etc.) must be erased before disposal.

JM in ATL · May 2005

Thanks.

DeidreFR5 · May 2005

I have a teleconference on this on 5/31, I'll send in a summary.

New FTC reg?

Comments