What Is FACTA? FACTA is the Fair and Accurate Credit Transaction Act of 2003 (FACTA), is a NEW FEDERAL LAW. It is designed to reduce the risk of Consumer Fraud and Identity Theft, created by improper disposal of consumer information. FACTA will help educate and protect Businesses and Consumers. For example, consumers will have the right to one free credit report annually from the national repositories and national specialty credit reporting agencies. President Bush signed the FACTA Law On December 4, 2003. This legislation contains significant amendments to the Fair Credit Reporting Act on a broad scope of topics and issues. For a initial analysis of FACTA and the many changes it makes to the Fair Credit Reporting Act (FCRA) go online to the National Consumer Law Center at http://www.nclc.org/images/pdf/credit_reports/archive/analysis-facta.pdf
Did you know the FACTA Law requires you dispose of records properly or pay State and Federal fines of $1000 – $2500.00 per record.
The Health Insurance Portability and Accountability Act of 1996 was designed to protect patients’ confidential information. Patient information maintained by healthcare providers, healthcare institutions and health insurance companies is regulated by this Act. Visit http://www.cms.hhs.gov/HIPAAGenInfo/ for more information.
The Financial Modernization Act of 1999, or Gramm-Leach-Bliley Act (GLB) set guidlines for the handling of financial information held by financial institutions. This act likely affects your business if you handle customers financial information. For more details visit http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
PRIVACY ACT OF 1974
This Privacy Act protects the privacy of records maintained by the federal government. For additional information visit the Federal Trade Commission’s site at http://www.ftc.gov/foia/privacy_act.shtm
THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
This law creates the framework for the proper management of hazardous and non-hazardous solid waste. For additional information visit the Environmental Protection Agency website at http://www.epa.gov/epaoswer/osw/laws-reg.htm
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. For more information visit http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
SUPREME COURT RULING
The Supreme Court has ruled that information in your trash is “fair game” to anyone. The current law in the United States (federal as well as state law) is that: a person has no reasonable expectation of privacy for contents of garbage; and a person has relinquished any property interest in garbage, even when it sits in metal trash cans or opaque plastic bags at the person’s home awaiting collection.