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Less Data is (even) More Than Ever

By Peter Sloan on March 22, 2023
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Two years ago I made a prediction: “For the 2020s, the dots already connect clearly – the new impetus for managing information retention and disposal will be data privacy and security compliance.  Buckle up.”

This was the last line of a 2021 blog series exploring then-recent developments in United States’ data privacy and security laws that had begun to transform retention schedules and data disposal from merely prudent practices into compliance requirements.

So, where do things stand now? The trend continues, and it is actually accelerating – less data is now even more than ever.

Managing data volumes has always been prudent for U.S. businesses.  But as a matter of pure legal compliance, U.S. federal and state laws have historically followed a “mandatory minimum” retention approach, requiring that businesses keep specified records for at least a required minimum retention period, but not compelling disposal.  With precious few exceptions, U.S. businesses have not been legally required to (1) manage data with retention schedules and (2) dispose of unnecessary data.  And U.S. privacy and data security laws have generally been silent on retention periods for protected information.

But that was then. Two years ago I mapped changes in U.S. data security and privacy laws that would now require data retention scheduling and disposal of unnecessary data, under:

  • New state statutes on PII data security and data disposal;
  • New state-level data security laws for the financial services sector;
  • Recent FTC data security enforcement actions under FTC Act Section 5;
  • State biometric data privacy laws; and
  • The first comprehensive state consumer privacy law, California’s CCPA.

But what I failed to anticipate was how rapidly the pace would quicken. Two years later, all of the changes noted above continue, but now with the accelerants of:

  • New state-level data security enforcement activity that compels data retention schedules and data disposal;
  • New GLBA data security rules requiring retention schedules and disposal of unnecessary data;
  • An upsurge in FTC data security enforcement actions that put data retention and disposal at center stage;
  • A new biometric privacy court ruling under BIPA on data retention schedule requirements; and
  • A growing wave of new comprehensive state consumer privacy laws mandating data minimization, data retention schedules, and disposal of unnecessary data.  

I’ll explore each of these in upcoming posts … stay tuned.

Photo of Peter Sloan Peter Sloan

Peter advises clients on how best to retain, secure, preserve, and dispose of information. He helps clients throughout the United States create, validate, and update retention schedules; implement compliant information management policies and processes; and defensibly dispose of information. Peter also counsels clients…

Peter advises clients on how best to retain, secure, preserve, and dispose of information. He helps clients throughout the United States create, validate, and update retention schedules; implement compliant information management policies and processes; and defensibly dispose of information. Peter also counsels clients on data security compliance and breach response readiness, and he works with clients to manage data breach response.

Peter has served clients across a broad range of industries, including:

Financial Services (national and state-chartered banks, investment companies, investment advisers, broker-dealers, tax preparation companies, insurance companies, and government-sponsored enterprises)
Health Care (health systems and hospitals, physician practices, pharmacy and pharmacy benefit management companies, pharmaceutical and biotechnology firms, and medical equipment manufacturers)
Energy (power and gas utilities, power transmission companies, oil and gas pipeline companies, and exploration and production companies)
Higher Education
Engineering and Construction
Manufacturing
Retail
Technology
Transportation

Read more about Peter SloanEmail
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  • Posted in:
    Privacy & Data Security
  • Blog:
    Information Bytes
  • Organization:
    Information Governance Group
  • Article: View Original Source

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