Shredding For Human Resources

It amends the Federal criminal code to establish penalties for aggravated identity theft for misuse of private information. Individuals caught and convicted of identity theft will receive 2 to 5 years of imprisonment.

Gramm-Leach Bliley Act (GLBA) protects the privacy of consumer information held by any business that provides financial products or services. It also ensures privacy protections against the sale of any private financial information. Violators can be fined up to $1,000,000.

HIPAA was established to protect how patients’ health information can be used and disclosed. It governs the confidentiality of PHI and the secure destruction of any physical or digital data. Any violations are subject to fines of up to $1.5 million.

GDPR protects the personal data and privacy of EU citizens and applies to all companies, whether they operate in the EU or outside, that store or use any information about EU citizens.

An HR department should shred any documents containing sensitive, confidential, or personally identifiable information (PII) to ensure data security and compliance with regulations. Specific documents that should be shredded include:

Employee Records

1. Personal Identification Information:

   • Social Security numbers
   • Driver’s licenses
   • Passport copies
   • Birth certificates

2. Employment Applications and Resumes:

   • Application forms
   • Cover letters
   • Resumes

3. Payroll and Compensation Records:

   • Pay stubs
   • Direct deposit information
   • Salary details
   • Benefits enrollment forms

4. Performance and Disciplinary Records:

   • Performance appraisals
   • Disciplinary action records
   • Employee evaluations
   • Warning and termination letters

5. Medical and Health Information:

   • Medical records
   • Health insurance forms
   • FMLA and workers’ compensation claims

6. Background Checks and Verification:

   • Criminal background checks
   • Reference check reports
   • Employment verification documents

Legal and Compliance Documents

1. Employment Contracts and Agreements:

   • Employment contracts
   • Non-disclosure agreements (NDAs)
   • Non-compete agreements

2. Tax Documents:

   • W-2 forms
   • W-4 forms
   • Tax withholding forms

3. Compliance and Regulatory Records:

   • EEO-1 reports
   • I-9 forms after the retention period (3 years after the date of hire or 1 year after termination, whichever is later)
   • OSHA logs and reports

Terminated Employee Records

1. Separation and Termination Documents:

   • Exit interviews
   • Final pay information
   • Termination letters

2. Benefit Records:

   • COBRA documentation
   • Pension and retirement plan information

Miscellaneous Documents

1. Training Records:

   • Training attendance sheets
   • Certification records

2. Internal Correspondence:

   • Emails containing sensitive information
   • Internal memos and notes

Periodic Review

1. Old and Outdated Documents:
   • Regularly review and shred documents that are no longer needed or past their retention period as per company policy and legal requirements.

HR departments should scan and digitize documents that need to be securely stored, easily accessible, and efficiently managed. Key documents to scan include:

Employee Records

1. Personal Identification Information:

   • Social Security numbers
   • Driver’s licenses
   • Passport copies
   • Birth certificates

2. Employment Applications and Resumes:

   • Application forms
   • Cover letters
   • Resumes

3. Payroll and Compensation Records:

   • Pay stubs
   • Direct deposit information
   • Salary details
   • Benefits enrollment forms

4. Performance and Disciplinary Records:

   • Performance appraisals
   • Disciplinary action records
   • Employee evaluations
   • Warning and termination letters

5. Medical and Health Information:

   • Medical records
   • Health insurance forms
   • FMLA and workers’ compensation claims

6. Background Checks and Verification:

   • Criminal background checks
   • Reference check reports
   • Employment verification documents

Legal and Compliance Documents

1. Employment Contracts and Agreements:

   • Employment contracts
   • Non-disclosure agreements (NDAs)
   • Non-compete agreements

2. Tax Documents:

   • W-2 forms
   • W-4 forms
   • Tax withholding forms

3. Compliance and Regulatory Records:

   • EEO-1 reports
   • I-9 forms (stored electronically with access restrictions)
   • OSHA logs and reports

Terminated Employee Records

1. Separation and Termination Documents:

   • Exit interviews
   • Final pay information
   • Termination letters

2. Benefit Records:

   • COBRA documentation
   • Pension and retirement plan information

Miscellaneous Documents

1. Training Records:

   • Training attendance sheets
   • Certification records

2. Internal Correspondence:

   • Emails containing sensitive information
   • Internal memos and notes

Administrative Documents

1. Policies and Procedures:

   • Employee handbooks
   • Policy manuals
   • Procedure guides

2. Meeting Minutes and Agendas:

   • HR meeting minutes
   • Agendas and notes

3. Job Descriptions:

   • Current and past job descriptions
   • Role specifications

Periodic Review

1. Historical Records:
   • Old performance reviews
   • Previous employment records for historical reference