Commercial Law – General Regulatory Provisions

Safe Destruction of Documents Containing Personal Information

SECTION 6-52-3

§ 6-52-3. Violations.

A business that does not take the reasonable steps when disposing of a customer's personal information set out in § 6-52-2 is in violation of this chapter. For the purposes of this chapter, each record unreasonably disposed of constitutes an individual violation of this chapter.

(1) A customer who incurs actual damages due to a violation of this chapter may bring a civil action in superior court.

(2) Whenever the attorney general has reason to believe that a violation of this chapter has occurred and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the business in violation. The business that violates this chapter may be liable in a suit by the attorney general for actual damages of the aggrieved customer and a civil penalty of five hundred dollars ($500) for each violation, not to exceed fifty thousand dollars ($50,000).

History of Section.
(P.L. 2009, ch. 247, § 1; P.L. 2009, ch. 285, § 1; P.L. 2014, ch. 528, § 39.)