Michigan Compiled Laws
Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d)
Section 445.72a - Destruction of Data Containing Personal Information Required; Violation as Misdemeanor; Fine; Compliance; "Destroy" Defined.

Sec. 12a.
(1) Subject to subsection (3), a person or agency that maintains a database that includes personal information regarding multiple individuals shall destroy any data that contain personal information concerning an individual when that data is removed from the database and the person or agency is not retaining the data elsewhere for another purpose not prohibited by state or federal law. This subsection does not prohibit a person or agency from retaining data that contain personal information for purposes of an investigation, audit, or internal review.
(2) A person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $250.00 for each violation. This subsection does not affect the availability of any civil remedy for a violation of state or federal law.
(3) A person or agency is considered to be in compliance with this section if the person or agency is subject to federal law concerning the disposal of records containing personal identifying information and the person or agency is in compliance with that federal law.
(4) As used in this section, "destroy" means to destroy or arrange for the destruction of data by shredding, erasing, or otherwise modifying the data so that they cannot be read, deciphered, or reconstructed through generally available means.
History: Add. 2006, Act 566, Eff. July 2, 2007

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d)

Section 445.61 - Short Title.

Section 445.63 - Definitions.

Section 445.64 - Exemption.

Section 445.65 - Prohibited Acts; Violations; Defense in Civil Action or Criminal Prosecution; Burden of Proof.

Section 445.65a - Definitions; Prohibited Acts; Obtaining Confidential Telephone Records by Law Enforcement Agency or Telecommunication Provider.

Section 445.67 - Additional Prohibited Acts.

Section 445.67a - Prohibited Acts; Interactive Computer Service Provider Not Liable for Certain Actions; Civil Action by Attorney General or Interactive Computer Service Provider; Exception; Recovery of Damages; Investigation.

Section 445.69 - Certain Violations as Felony; Penalty; Consecutive Sentences; Defense in Civil Action or Criminal Prosecution; Burden of Proof; Exception.

Section 445.71 - Prohibited Acts in Conduct of Trade or Commerce; Violation as Misdemeanor; Penalty; Civil Liability.

Section 445.72 - Notice of Security Breach; Requirements.

Section 445.72a - Destruction of Data Containing Personal Information Required; Violation as Misdemeanor; Fine; Compliance; "Destroy" Defined.

Section 445.72b - Misrepresentation by Advertisement or Solicitation Prohibited; Violation as Misdemeanor; Penalty; Civil Remedy.

Section 445.73 - Verification of Information; Use of Vital Record.

Section 445.75 - Repeal of MCL 750.285.

Section 445.77 - Effective Date.

Section 445.79 - Property Subject to Forfeiture.

Section 445.79a - Seizure of Forfeited Property; Seizure Without Process; Circumstances.

Section 445.79b - Seizure Without Process of Property Not Exceeding $50,000.00; Procedure; Powers of Seizing Agency; Title; Examination of Seized Money; Return of Money; Burden of Proof.

Section 445.79c - Forfeited Property; Powers of Local Government or State; Appointment and Authority of Receiver; Payment of Expenses.

Section 445.79d - Seizure and Forfeiture Activities; Report by Agency to Department of State Police; Audit; "Reporting Agency" Defined.