Section 4400.40  Procedures for the Physical Destruction or Other Disposition of Records Proposed for Disposal

a)         Subject to statutory provisions, agencies may dispose of records authorized for destruction by the Commission.

b)         All records for which disclosure is prohibited by law that contain social security, driver's license, or State identification number or that identify a person by name and birth date must be destroyed by a lawful, secure manner that does not allow for the reconstruction or reuse of the original record information.

1)         Approved methods of destruction for paper based records for which disclosure is prohibited by law or that identify a person include:  burning; shredding, in which either a crosscut shredder cutting to a maximum width of ⅜ inches or an industrial sized strip cut shredder is used, if it is incorporated with a baler or the shredded paper is further destroyed; pulping using standard wet process pulpers; or pulverizing using a dry destruction process that may include the use of hammer mills, choppers, huggers or disintegrating equipment.

2)         Approved methods of destruction for non-paper based records for which disclosure is prohibited by law or that identify a person include:  burning in a pyrolytic furnace or other incinerator or incendiary device; destroying in a dry pulverizing system; shredding; grinding, which is defined as abrading through the surface of an optical disc (compact disc); milling; knurling; disintegration; or degaussing.  Computer software or hardware must be erased or wiped/sanitized in a manner that prevents retrieval.

3)         The handling and transportation of the records designated for destruction must be done in a reasonably secure manner that is designed to prevent public access to the records.

4)         The custodian of the records must prepare, sign and keep on file a certificate of destruction that lists what records have been destroyed, the method of destruction, who destroyed the records and the date of destruction.

c)         Thirty days prior to disposal or destruction of any records, regardless of physical format or characteristics, the head of the agency shall submit a State Records Disposal Certificate to the Chairman of the State Records Commission and proceed with disposal only after a copy of that certificate has been reviewed and signed by the Chairman and returned to the head of the agency.  The original copy of this disposal certificate will be kept in the files of the State Records Commission and the duplicate copy signed and returned by the Chairman shall be retained by the disposing agency for its files.

(Source:  Amended at 32 Ill. Reg. 17976, effective November 6, 2008)