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California Shredding Laws

California Civil Code - SB 1386

An act to amend, renumber, and add Section 1798.82 of, and to add Section 1798.29 to, the Civil Code, relating to personal information.

SEC. 3. 1798.84
(a) Any customer injured by a violation of this title may institute a civil action to recover damages.
(b) Any business that violates, proposes to violate, or has violated this title may be enjoined.
(c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.

Civil Code Section 1798.80
Defines the following: business, records, customer, individual, personal information as application to this title.

Civil Code Section 1798.81
"A business shall take all reasonable steps to destroy, or arrange for the destruction of a customer's records within its custody or control containing personal information which is no longer to be retained by the business by (1) shredding, (2) erasing, or (3) otherwise modifying the personal information in those records to make it unreadable through any means."

Civil Code Section 1798.81.5
California legislature makes that statement that it is NOT on the side of business regarding the safety and security of customers personal information. "(a) It is the intent of the Legislature to ensure that personal information about California residents is protected."

Identity Theft

#1 According to the FTC and the Better Business Bureau, approximately 9.3 million adults have been victimized by some form of identity theft annually.

#2 The Better Business Bureau reports that Identity Theft is more prevalent offline with paper than online.

#3 The Better Business Bureau estimates that over 80% of all identity theft comes from unsecured paper records. Less than 5% from online transactions.

#4 Along with federal and state fines, you can be sued by all parties injured as a result of identity theft. Each case typically results in a business paying out well over $150,000.

 

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