44-7601. Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition

A. An entity shall not knowingly discard or dispose of records or documents without redacting the information or destroying the records or documents if the records or documents contain an individual's first and last name or first initial and last name in combination with a corresponding complete:

1. Social security number.

2. Credit card, charge card or debit card number.

3. Retirement account number.

4. Savings, checking or securities entitlement account number.

5. Driver license number or nonoperating identification license number.

B. This section may be enforced by either of the following:

1. A county attorney in the county in which the records or documents were wrongfully discarded or disposed. If a violation occurs by the same entity in multiple counties, a county attorney in a county in which records or documents were improperly discarded or disposed of, after filing a notice of intent to enforce this section, may send a copy of the notice to the county attorney in each county in which records or documents were not properly discarded or disposed of and may request that the actions be consolidated.

2. The attorney general.

C. A civil penalty shall be imposed for each violation of subsection A of this section arising out of one incident. The civil penalty shall not exceed:

1. Five hundred dollars for a first violation.

2. One thousand dollars for a second violation.

3. Five thousand dollars for a third or subsequent violation.

D. An entity that maintains and complies with the entity's own procedures for the discarding or disposing of records or documents containing the information listed in subsection A of this section that is consistent with the requirements of this section shall be deemed to be in compliance with this section.

E. This section does not apply to any of the following:

1. An entity subject to title V of the Gramm-Leach-Bliley act (P.L. 106-102; 113 Stat. 1338; 15 United States Code sections 6801 through 6809).

2. Covered entities and business associates as defined under regulations implementing the health insurance portability and accountability act, 45 Code of Federal Regulations section 160.103 (2003).

3. An entity subject to the federal fair credit reporting act (15 United States Code section 1681x).

F. This section only applies to paper records and paper documents.

G. For the purposes of this section, " entity" includes a corporation, foreign corporation, not for profit corporation, profit and not for profit unincorporated association, nonprofit corporation, sole proprietorship, close corporation, corporation sole or limited liability company, a professional corporation, association or limited liability company, a business trust, estate, partnership, registered limited liability partnership, trust or joint venture, a government, governmental subdivision or agency or any other legal or commercial entity.