Data privacy & records retention

Why it matters

Bail files hold IDs, Social Security numbers, financial details, addresses and criminal case information for defendants and their families. A leak can cause real harm and may trigger state breach-notification laws. California, for example, has a data breach notification statute and the California Consumer Privacy Act, which may apply depending on business size.

Collect less

• Collect only what the bond and the law require
• Truncate ID and SSN numbers where full numbers are not needed
• Do not photograph or store documents you do not need

Store securely

• Paper files in locked cabinets; office access controlled
• Digital files encrypted, with strong passwords and two-factor authentication
• Staff accounts individual, not shared
• Phones used for business locked and able to be wiped remotely
• Avoid sending sensitive documents over regular text or personal email

Share carefully

• Share with the surety, court and recovery persons only what they need
• Confirm the identity of callers before discussing a file
• Written agreements with vendors that handle your data

Retain and destroy

• Written retention schedule reflecting state law and surety requirements
• Files kept for the required period after exoneration
• Cross-cut shredding or certified destruction for paper
• Secure wiping of old computers and phones

If something goes wrong

• Contain the incident and preserve evidence
• Notify your surety and consult counsel
• Determine whether state law requires notifying affected people or the regulator
• Document what happened and what you changed