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Let's say a non professional landlord has a property that they rent out. Every couple of years the tenants move out and an ad is put on Craigslist looking for new tenants. 10 or 15 people submit applications and one is chosen. The non-selected applications have SSN, drivers license, and some banking info. Should those just be shredded or is there a legal reason to keep them?

  • Do you mean driver's license numbers? – user6726 Jun 28 '17 at 0:16
  • @user6726 LOL yeah. Edited. – jqning Jun 28 '17 at 0:27
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Presumably the information came while doing credit reports. Therefore, the Fair Credit Reporting Act (FCRA) applies. If you're running credit checks at all, you need to be complying with the FCRA. They have regulations addressing this very topic in 16 CFR 682.3, which states in part:

(a) Standard. Any person who maintains or otherwise possesses consumer information for a business purpose must properly dispose of such information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.

(b) Examples. Reasonable measures to protect against unauthorized access to or use of consumer information in connection with its disposal include the following examples. These examples are illustrative only and are not exclusive or exhaustive methods for complying with the rule in this part.

(1) Implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, or shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed.

(2) Implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media containing consumer information so that the information cannot practicably be read or reconstructed.

Of course, this is not legal advice and your specific situation should be discussed with an attorney.

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