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Following are a few of the key regulations covering data security, storage and
privacy. Some of these regulations run into the hundreds of pages, so they do
contain considerably more information than is covered here.
EU Data
Protection Directive (DPD)
Applies to companies with offices in the European Union or which exchange
personal data with companies in the EU. Data can relate to customers or
employees. Companies have the option of submitting a privacy compliance plan
with each country's Data Protection Authority or can establish privacy policies
in compliance with the DPD and certify with the U.S. Department of Commerce that
they are in compliance. Plan must cover who can access information, data
security and enforcement procedures.
Food and Drug
Administration
21 CFR Part
11 - Electronic Records; Electronic Signatures
Covers pharmaceutical and life sciences firms operating under the auspices of
the FDA. Affected companies must "employ procedures and controls designed to
ensure the authenticity, integrity, and, when appropriate, the confidentiality
of electronic records, and to ensure that the signer cannot readily repudiate
the signed record as not genuine. Records must be retained for two to five
years.
Gramm-Leach-Bliley
Act
Applies to banks, securities firms, insurance companies, loan brokers, tax
preparers, financial advisers and other providers of financial products or
services. Requires companies to have a written security plan to protect the
confidentiality and integrity of personal consumer information. Plan must
include employee management and training, security of information systems
(hardware, software and data transmission) and steps to take to manage systems
failures.
HIPAA
Health Insurance Portability and Accountability Act of 1996. Applies to all
health care providers, pharmacists, and insurance companies. Governs procedures
for sharing of patient information. Hospitals must retain records for a minimum
of five years. If the patient is a minor, records must be kept till patient is
at least 21.
IRS Revenue
Procedure 97-22
Applies to any taxpayer. Details system requirements for electronic storage and
indexing of tax and financial records. District Director may visit taxpayer and
conduct a test of the system.
OSHA
Occupational
Injury and Illness Reporting Requirements
Section 1904.9 provides that records of illness and injury be retained for five
years. (Note: American Industrial Hygiene Association had recommended 30 years.)
Sarbanes-Oxley
Applies to all publicly-traded companies in the U.S. Documents have to be
submitted by chairmen and CFOs, attesting to the accuracy and soundness of their
financial reports. The personal liability, including criminal penalties, for
those executives is involved: they have to certify that everything is taking
place in accordance with the standards of proper reporting and accounting.
Requires documentation of all procedures used to derive financial numbers.
Original correspondence from financial audits must be retained for four years
after completion of audit.
Security
Exchange Act of 1934
17 CFR
240.17a-4
Applies to brokers, dealers and members of the stock exchange. All
business-related and internet communications sent and received must be retained
for at least three to six years. Trading account records must be held for six
years beyond the end of the account. Data must be maintained and preserved in a
manner that verifies the authenticity of the data. Records must be preserved
exclusively in a non-rewriteable, non-erasable format. Records must have a
duplicate copy stored separately.

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