Your Relevant Document Destruction Laws

Document Shredding Laws & Regulations

What Missouri & Illinois businesses need to know

Federal and state privacy laws require you to protect personal information all the way to the shredder. Here’s a plain-English guide to the rules that apply to your records, and how The Shred Truck helps you stay compliant.

  • $150,000Maximum Missouri penalty per breach

    The Missouri Attorney General can seek up to $150,000 per breach, or per series of similar breaches found in one investigation.

    RSMo § 407.1500
  • $50,000Illinois cap per improper disposal

    $100 for each person whose information was thrown out improperly, up to $50,000 for each instance.

    815 ILCS 530/40
  • 2005FACTA Disposal Rule in force

    Since June 1, 2005, any business holding consumer report information must dispose of it securely.

    16 CFR Part 682
  • 4HHS-listed ways to destroy paper PHI

    Shredding, burning, pulping or pulverizing, so health records can’t be read or put back together.

    HIPAA · 45 CFR 164.530(c)
Why it matters

Throwing records in the trash can break the law

There isn’t one single federal “shredding law.” Instead, several federal rules and state statutes each require businesses to protect personal information, including at the moment it’s thrown away. Which ones apply depends on your industry and the kind of records you keep.

What they have in common is simple: information has to be destroyed so it can’t be read or pieced back together. Recycling bins, dumpsters and office strip-cut shredders often don’t meet that bar.

Records that usually need secure shredding

  • Patient files, charts and billing records
  • Credit reports and background checks
  • Payroll, tax and employee records
  • Bank, loan and account statements
  • Anything with Social Security, driver’s license or account numbers
  • Old hard drives, tapes and backup media
The rules

Key privacy laws for document destruction

A quick overview of the federal and state rules that most often apply to businesses in the St. Louis bi-state area.

HIPAA

Health Insurance Portability and Accountability Act

HIPAA puts very strict guidelines on the healthcare industry, making healthcare organizations responsible for the secure disposal of patient information. If a covered entity doesn’t apply its destruction policies consistently, or destroys records against its own policy, courts may let a jury assume in a negligence lawsuit that the missing records would have shown the facility treated the patient improperly.

Failing to comply can mean heavy fines and lost business. The Shred Truck provides HIPAA-compliant destruction of medical records, patient files and other health documents.

Learn more about HIPAA at HHS.gov
Who it affects: doctors, dentists, clinics, hospitals, pharmacies, health plans and their business associates.

GLBA

Gramm-Leach-Bliley Act

The GLBA protects consumers’ personal financial information held by financial institutions. That includes banks, securities firms and insurance companies, as well as other businesses that offer financial products and services to consumers. Banks must provide privacy notices and give customers the option to stop their confidential information from being shared with outside third parties.

Under the FTC’s Safeguards Rule, in effect since May 23, 2003, financial institutions must also keep a comprehensive, written information security program, which includes the proper destruction of documents.

Learn more about the GLBA at FTC.gov
Who it affects: banks, credit unions, mortgage brokers, tax preparers, accountants and financial advisers.

FACTA

Fair and Accurate Credit Transactions Act

FACTA requires businesses to properly dispose of documents that contain consumer information. Consumer reports must be destroyed so thoroughly that they can’t be reconstructed or read again.

Not complying can lead to fines, class action lawsuits, and enforcement actions by federal and state authorities.

Learn more about FACTA at FTC.gov
Who it affects: employers that run background checks, landlords and property managers, lenders, insurers and auto dealers.

Missouri Data Breach Law

RSMo § 407.1500

Businesses that own or license personal information about Missouri residents must notify affected people without unreasonable delay after a security breach. The Attorney General enforces the law and can seek penalties of up to $150,000 per breach.

Shredding records you no longer need shrinks the amount of information that could ever be exposed.

Who it affects: any business, of any size, that holds Missouri residents’ personal information.

Illinois Personal Information Protection Act

815 ILCS 530/40

Illinois has a specific disposal rule: materials containing personal information must be destroyed so the information is unreadable, unusable and undecipherable. The rule also applies to companies you hire to collect, transport or destroy those materials. The Attorney General can impose a penalty of $100 for each person affected, up to $50,000 for each instance of improper disposal. Businesses already covered by the GLBA or the federal FACTA disposal rule follow those federal rules instead.

Who it affects: businesses with Illinois customers, patients or employees, including Metro East communities like Belleville, Edwardsville, O’Fallon and Alton.
Who must comply

If you keep personal information, these laws likely apply to you

From medical offices to family-owned businesses, nearly every organization handles information that has to be destroyed properly.

  • Medical & dental offices
  • Law firms
  • Banks & credit unions
  • Accountants & tax preparers
  • Insurance agencies
  • Real estate & title companies
  • Schools & universities
  • HR & payroll departments
The Shred Truck providing secure on-site shredding
How we help

Compliance made simple with The Shred Truck

  1. 1

    Secure collection

    Locked consoles and bins keep documents safe in your office until shred day, at no charge for the equipment.

  2. 2

    Shredded on-site

    Our NAID AAA Certified team shreds everything right outside your door, and you’re welcome to watch.

  3. 3

    Proof for your records

    You receive a Certificate of Destruction after every service to keep on file for audits.

Protect your business and stay compliant.

Call by noon for shredding today or tomorrow in the St. Louis metro area.*