PRIVACY STATUTES ENACTED.Two laws take effect Jan. 1 that impact the way all California businesses treat customer and client information. AB 2246 requires businesses to take reasonable steps to destroy, or arrange for the destruction of customer records that contain personal information before the records are discarded dis·card v. dis·card·ed, dis·card·ing, dis·cards v.tr. 1. To throw away; reject. 2. a. To throw out (a playing card) from one's hand. b. . Personal information includes anything that identifies, relates to, describes or is capable of being associated with a particular individual. The definition includes but is not limited to, name, signature, social security number, physical characteristics, or description, address, telephone number, passport number, drivers license or state I.D. number, insurance policy number, education, employment, employment history, bank account, credit card, or debit card debit card, card that allows the cost of goods or services that are purchased to be deducted directly from the purchaser's checking account. They can also be used at automated teller machines for withdrawing cash from the user's checking account. numbers or any other financial information. This law applies to electronic records, documents or recordings of personal information. The requirement applies to every business in California. Failure to comply could result in civil liability including actual damages Noun 1. actual damages - (law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated compensatory damages, general damages . Directories where individuals have voluntarily consented to distribution of names, addresses and phone numbers are exempt. SB 1724 expands the misdemeanor misdemeanor, in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent. prohibition related to disclosure of tax return information by those in the business of preparing tax returns unless the taxpayer consents to disclosure in a separate document that states to whom the disclosure will be made and how the information will be used. SB 1724 also prohibits any individual or business, including financial institutions that obtain tax return information for any purpose, from disclosing any part of that information or using it for any unrelated use unless the following apply: * The taxpayer agrees in writing or via electronic means to disclose their information * The disclosure is required to complete the transaction for which it was furnished fur·nish tr.v. fur·nished, fur·nish·ing, fur·nish·es 1. To equip with what is needed, especially to provide furniture for. 2. . * To obey Obey can refer to:
* The disclosure is authorized au·thor·ize tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es 1. To grant authority or power to. 2. To give permission for; sanction: or required by federal law. * To prevent fraud. |
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