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Statutory Compliance
Under federal and state environmental and privacy laws, businesses and consumers alike are required to dispose of outdated or unwanted computer and other technology in a manner that minimizes the potential for environmental contamination and exposure of sensitive information.
Electronic waste, or "e-waste" is a waste type consisting of any broken or unwanted electrical or electronic appliance. It is a point of concern considering that many components of such equipment are considered toxic and are not biodegradable. Discarded harddrives and other media have also become a virtual hunting grounds for identity thieves.
Concern over the disposal of e-waste has become a focus for many state and federal lawmakers, who have enacted legislation prohibiting the improper disposal of technology equipment. Below are some examples.
HIPAA: The Health Insurance Portability and Accountability Act enacted in 1996 includes provisions to safeguard the privacy of patient health records. The HIPAA rules apply to all protected health information whether it is kept electronically, on paper, or communicated orally. Hospitals, individual doctors, pharmacies, and other businesses involved in the healthcare industry are currently in the process of designing procedures that will comply with the new HIPAA rules.
Gramm-Leach-Bliley Act: The Gramm-Leach-Bliley Act (GLBA), signed into law by President Clinton, has drastically changed the way financial institutions conduct business. With this law, many responsibilities have been placed upon the institutions to protect the customers' nonpublic personal information. Under this law, even businesses with a single employee are responsible for shredding or burning personnel files.
Sarbanes Oxley (SOX): Public companies are required to have procedures to review and protect digital intellectual property assets. Violation of SOX carries criminal penalties up to 20 years in prison and civil fines up to $5 million.
Family Educational Rights and Privacy Act (FERPA): FERPA imposes a statutory duty upon educational institutions and other providers to protect information pertaining to a child’s education and behavior.
FACTA: The Fair and Accurate Credit Transactions Act of 2003 requires businesses to destroy employee and consumer records containing personal information instead of simply tossing documents in the trash.
Schumer-Nelson ID Theft Bill: Would regulate companies that sell personal data, setting rules to prevent fraudulent access to information and requiring companies to disclose breaches in their security and the sale of personal information.
Strate and Local Law: Currently, there are 22 states, including Illinois, Iowa, Michigan, Minnesota, Nebraska and Wisconsin, considering 71 separate legislative proposals for the disposition of e-waste.
The majority Position requires manufacturers and retailers to inform consumers in print and online of recycling providers.
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