How do Privacy Laws Influence Media Destruction?


At Secure Records Solutions, we know that staying abreast of federal and state privacy regulations can be a daunting task for any business. A multitude of laws govern how your company handles and disposes of sensitive information. The team at Secure Records Solutions knows that privacy laws are complex and challenging to stay on top of, so we created a simple guide to help you understand how such laws affect secure media disposal.


Navigating the Health Insurance Portability and Accountability Act (HIPAA) demands healthcare providers and their partners to institute physical, administrative, and technological measures to safeguard protected health information (PHI). A critical amendment to this act came in 2009 via the Health Information Technology for Economic and Clinical Health (HITECH) Act. It stipulates that mishandled documents and data qualify as security breaches. In cases where medical data is improperly discarded, leading to a breach of Personally Identifiable Information (PII), the Department of Health and Human Services (DHS) Office of Civil Rights (OCR) has the authority to impose fines.

In the event of an OCR audit, having documented evidence of your shredding practices can prove invaluable. Opt for a media disposal service like Secure Records Solutions, and ensure that your receive a Certificate of Destruction each time your materials are disposed of. This certificate, indicating the exact time and date of destruction, can serve as evidence of your due diligence.


The Fair and Accurate Credit Transactions Act (FACTA) mandates that financial institutions shield Personally Identifiable Information (PII). The Disposal Rule within FACTA directly influences how financial establishments handle the disposal of documents and data. The rule asserts that “any individual retaining or possessing consumer information for business purposes must properly dispose of such information by taking reasonable steps to prevent unauthorized access or use of the information during its disposal.”

Failure to comply with FACTA can result in civil liabilities and potential state and federal penalties. Instances affecting a large number of consumers might even lead to class-action lawsuits against non-compliant organizations. The Federal Trade Commission (FTC) recommends diligent practices, including “implementing and overseeing adherence to policies and procedures that necessitate the destruction or erasure of electronic media containing consumer information to prevent practical reading or reconstruction.”


Enacted in 1972, the Family Educational Rights and Privacy Act (FERPA) affords parents access to their children’s educational records. It also imposes restrictions on educational institutions regarding the distribution of student records to unauthorized parties. A breach of student information can trigger actions such as the withholding of federal funds and payments. Consequently, educational institutions must ensure the secure disposal of student records. For organizations that gather confidential student data, a reliable media disposal service can guarantee secure disposal.


The Gramm-Leach-Bliley Act (GLBA) necessitates financial entities to craft and uphold a written information security strategy for safeguarding consumer information. The act comprises three key sections:

  • The Financial Privacy Rule
  • The Safeguards Rule
  • Pretexting Provisions

The Financial Privacy Rule dictates information collection and disclosure practices. The Safeguards Rule mandates the establishment of a viable security program. Additionally, the Pretexting Provisions prohibit accessing private data without full disclosure. Absent a comprehensive media disposal strategy, your organization could face civil penalties of up to $100,000 for each GLBA provision violation.

For further insights into optimal media disposal practices and ensuring your compliance with both federal and state privacy laws, don’t hesitate to contact Secure Records Solutions.


Our Latest Consulting Insights

Merry Christmas from Secure Records Solutions

In 2003 my father Powell took an entrepreneurial risk with an empty building and a vision. This year, we filled the building. But the vision has grown. Twenty years ago, our focus was providing storage of hardcopy records. We do that better than ever before, […]

Read More

Why Quality Control Matters for Document Scanning Services

Document scanning services may seem simple. But document management pros know that it’s much more complex than just pressing a button and saving a file. Experience tells us that insufficiently digitized documents can result in significant and often permanent challenges. This underscores the importance of […]

Read More

HR Records Scanning: Digital Document Solutions for Your Business

HR records scanning can be a useful and efficient part of your small business’s document management plans. Scanning offers a mean of digitizing records and managing them in digital format, allowing you to save on space and other expenses associated with managing paper records. Digitization […]

Read More

How do Privacy Laws Influence Media Destruction?

At Secure Records Solutions, we know that staying abreast of federal and state privacy regulations can be a daunting task for any business. A multitude of laws govern how your company handles and disposes of sensitive information. The team at Secure Records Solutions knows that […]

Read More

How Document Management Can Save Money for Your Business

As business grow and evolve, they accumulate large numbers of records. This is often in the form of paper documents, and usually in amounts not previously anticipated. Now more than ever, businesses seek document management solutions for these records. Businesses acquire records for many reasons: […]

Read More

Document Management: An Alternative to Digitization

As the trend of digitization in business continues, business leaders must themselves continue to manage paper documents. They must do so with compliance standards and retention strategy in mind. This all makes paper record sets or other physical documents seem like extra weight to carry. […]

Read More

Four Document Management New Year’s Resolutions

A new year means new plans and resolutions, and 2023 is no different. We create new aspirations, both personal and professional, that we set each new year. When setting a professional goal for your business, think through to uncover the root of your problem. If […]

Read More