Document Shredding - San Antonio

Is Shredding Documents and Devices a Legal Requirement?

In September 2005, Texas amended the Texas Business and Commerce Code adding document retention and disposal requirements (Texas HB 698). It requires that records containing personally identifying information to be shredded, erased or destroyed by other means prior to disposal.

Data Theft Prevention is the Law

If you are a Texas business and collect personally identifying information, Texas HB 698 applies to you. When a business disposes of a business record that contains personal identifying information of a customer of the business, the business shall modify, by shredding, erasing or other means, the personal identifying information to make it unreadable or undecipherable. A business is in compliance if the business contracts with a person or entity, engaged in disposing of records for the modification of personal identifying information on behalf of the business in accordance with Subsection.

Do You Have to Comply?

If a business doesn't dispose of documents accordingly, they are liable for a civil penalty of up to $500 for each record. Additionally, the Texas Attorney General can bring action against the business and, or, obtain any other remedy, including injunctive relief; and recover costs and reasonable attorneys’ fees incurred in bringing the action.

A business that modifies its documents in good faith is not liable for a civil penalty even if the record is reconstructed, in whole or in part, by extraordinary means.

Bottom Line

Don't get caught being careless with your customers sensitive information. Data theft due negligent or improper distruction of paper and electronic device data can be costly. Bottom line, hire a professional NAID certifed shredding company.