Organizations operating in Tennessee face new, rigorous obligations for digital data destruction and hard drive disposal beginning July 1, 2025. This guide delivers precise, actionable insight into Tennessee’s data privacy and security requirements, breach notification rules, and the state’s unique approach to e-waste and electronics recycling—ensuring your enterprise remains compliant, secure, and audit-ready.

Tennessee Data Security and Privacy Requirements: TIPA 2025

Applicability and Consumer Rights

The Tennessee Information Protection Act (TIPA), effective July 1, 2025, imposes broad privacy and data security requirements on businesses operating in the state. TIPA applies to entities with annual revenue over $25 million that process the data of at least 175,000 Tennessee consumers, or 25,000 consumers if over 50% of revenue is from data sales. (TIPA overview)

Key consumer rights under TIPA:

Confirm and access personal data
Request data corrections
Request deletion of personal information
Receive a copy of personal data (portability)
Opt-out from data sales, targeted advertising, and profiling

Data Security Obligations for Businesses

TIPA requires data controllers to implement administrative, technical, and physical security practices proportional to the nature and volume of data processed. Minimum mandated practices include:

Data minimization: Only collect what is needed for stated purposes
Purpose limitation: Use data strictly as disclosed
Reasonable security measures: Encryption, role-based access, system audits
Data protection assessments: Formal risk evaluation for high-risk processing (sales, sensitive data, profiling)
Contractual compliance: Formal agreements with processors for confidentiality and data protection

For businesses involved in high-risk processing, TIPA requires documented data protection assessments and workflow transparency.

Affirmative defense: Demonstrating compliance with the NIST Privacy Framework or APEC Cross-Border Privacy Rules can be used as a legal safeguard. (TIPA guidance)

Exemptions

HIPAA/GLBA-regulated entities, nonprofits, higher education, and certain government agencies are exempt from TIPA. Employment-related data is also excluded.

Authoritative Source: Full TIPA text and compliance FAQ from TN AG

Hard Drive Disposal and Data Breach Notification Requirements

Data Breach Notification Statute

Tenn. Code Ann. § 47-18-2107 requires any information holder suffering a breach of unencrypted personal information to notify affected residents and, in some cases, state agencies within 45 days of breach discovery. Notification can be delayed by law enforcement if necessary.

“Breach” covers unauthorized acquisition of data that materially compromises its security.
Encryption offers a “safe harbor” — if lost data was encrypted, notification may not be required.
Covered data: Name plus sensitive identifiers (SSN, driver’s license, financial account info).

Best practice for hard drive disposal: All drives and storage media leaving your control must be fully sanitized or physically destroyed according to NIST SP 800-88 to ensure no residual data can trigger notification obligations.

Authoritative Source: TN Office of the Attorney General Breach Law

Regulatory Penalties

Failure to comply may result in enforcement actions and penalties up to $7,500 per TIPA violation, with treble damages for willful disregard. (TIPA penalties – Frost Brown Todd)

E-Waste and IT Asset Disposal Laws in Tennessee

No Statewide E-Waste Recycling Mandate

Tennessee has no statewide electronics recycling law, landfill ban, or producer responsibility requirement for e-waste as of 2025. However, business and institutional e-scrap often qualifies as “special waste” under Tennessee Solid Waste Management Rule 0400-11-01, triggering mandatory special handling requirements for landfill disposal.

Key points:

“Special waste” covers difficult, hazardous, or designated industrial materials
To landfill e-scrap, a generator must submit a special waste application through the disposal facility to the TN Department of Environment and Conservation (TDEC)
Applications require detailed description of waste, source, quantity, and process; fees apply
Recycling is voluntary but strongly preferred, avoiding regulatory hurdles

Recommended practice: Use certified electronics recyclers to sidestep special waste approval processes and ensure responsible recycling (Williamson County e-waste example).

Authoritative Sources:

– TDEC E-Scrap FAQs

– Solid Waste Regulations

Local E-Waste Recycling Options

Many Tennessee counties and cities (e.g., Williamson County) offer e-waste collection programs as public-private partnerships. Check local solid waste coordinators for specific electronics recycling events and drop-off options.

Best Practices for End-of-Life IT Asset Management in Tennessee

Data Sanitization and Destruction

All organizations should follow these key practices to ensure compliance:

**Sanitize all data storage devices (HDDs, SSDs, tapes) using NIST SP 800-88 “Purge” or “Destroy” methods before disposal or recycling.
Maintain strict chain of custody—use serialized tracking, manifest sheets, and documented hand-offs.
Demand a Certificate of Destruction with asset details, date, method, and technician signature; retain for audit.
Contract only NAID AAA Certified or equivalent IT asset disposition vendors (NAID AAA details).
Where disposing of e-waste in landfills, verify special waste approval, maintain compliance records, and recertify approvals on schedule.

More on NIST SP 800-88 methods

Why Choose Data Destruction, Inc. for Tennessee Compliance?

Data Destruction, Inc. protects Tennessee enterprises from data risk and compliance failures with rigorous, standards-based IT asset disposition:

NIST SP 800-88-compliant data destruction for HDDs, SSDs, servers, and backup media
NAID AAA Certified process, full chain of custody, and documentation for peace of mind and legal defensibility
On-site destruction and secure transport options for regulated or high-risk environments
Guidance on Tennessee-specific waste regulations and local e-recycling partnerships
Immediate support for breach avoidance and audit readiness

Contact our compliance experts now:

Contact Data Destruction, Inc. or call +1 (866) 850-7977

Frequently Asked Questions

What is the Tennessee Information Protection Act (TIPA)?

TIPA is a comprehensive privacy and security law that takes effect July 1, 2025, requiring covered businesses to implement reasonable data security measures and grant consumers rights over their personal information.

Does TIPA require encryption for data at rest?

TIPA mandates “reasonable” security, often understood to include encryption for sensitive data as a best practice.

Who must comply with TIPA?

Businesses with over $25 million in annual revenue, processing the data of 175,000+ Tennessee consumers (or 25,000 if 50%+ revenue is from sales of data).

What does Tennessee’s data breach law require?

Notification to affected individuals (and sometimes state agencies) within 45 days of discovering a breach, unless delayed by law enforcement needs.

Are there exemptions to TIPA?

Yes. Government, higher education, nonprofits, and certain GLBA or HIPAA-regulated data are exempt.

How do I legally dispose of hard drives in Tennessee?

All personal data must be sanitized using NIST SP 800-88 methods (wiping, purging, or destroying), with process documentation retained for audits.

Is electronics recycling mandatory for Tennessee businesses?

No statewide mandate exists, but business e-scrap often requires special waste approval for landfill disposal. Recycling via certified vendors is strongly recommended.

What counts as special waste for IT and electronics?

Wastes that are difficult, hazardous, or not otherwise regulated—many electronics will require approval for landfill disposal as special waste.

Do I need to keep records of hard drive destruction?

Yes. It’s essential to maintain certificates of destruction and recycling documentation for compliance and audit defense.

How do I select a compliant data destruction vendor?

Choose NAID AAA Certified vendors who provide chain-of-custody, asset tracking, and NIST-aligned services.

What are penalties for non-compliance under TIPA?

Up to $7,500 per violation, tripled for willful violations, and possible enforcement action by the Attorney General.