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What is NYC AC § 10-504?

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This section mandates that any agency disposing of electronic equipment containing storage devices must ensure the erasure of all information prior to disposal. Agencies must also require third parties to certify compliance with these requirements. Applies to city agencies handling electronic equipment with stored information.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 10-504 Agency disposal of electronics.

AC § 10-504

a. Any agency that disposes of electronic equipment that contains a hard disk drive, solid state drive or similar device capable of storing information while powered off, including but not limited to printers, copiers and computers, shall ensure, before its disposal, the erasure of all information contained therein, either through degaussing, physical destruction of the drive, a data wiping that includes at least two full overwrites or another erasure method specified by the department of information technology and telecommunications after consultation with all relevant agencies. This requirement shall not apply to boot related firmware. b. Each agency shall require any third party who disposes of electronic equipment on its behalf to provide the agency a written certification that the disposal complies with the requirements set forth in this section and shall forward such certification to the department of information technology and telecommunications. Every two years each agency that has disposed of electronic equipment itself shall submit a statement to the department of information technology and telecommunications certifying that its disposal of such electronic equipment complies with the requirements set forth in this section. c. For the purposes of this section, the term "dispose" includes a transfer of electronic equipment from one agency to another when such equipment has stored information that is confidential or sensitive in nature and is not relevant to the work of the agency receiving such equipment. (L.L. 2017/011, 2/15/2017, eff. 2/15/2018)

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