Additional ID protection

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July 25, 2009

Anonymous Pharos-Tribune Sat Jul 25, 2009, 10:30 PM EDT

A provision enacted this year gives victims of identity theft the ability to go to court and get a declaratory judgment that says the person was an innocent victim.

The law, which took effect July 1, also increases the penalties for database owners who discard consumers’ personal data, such as Social Security numbers, in a way that could subject them to identity theft — such as not shredding, blacking out or incinerating the records first. Authorities can now seek penalties of $5,000 per incident.

Database owners also are now required to notify the attorney general’s office, as well as consumers, if a security breach occurs.

An earlier law allows consumers to go to an attorney general’s Web site to obtain a so-called security freeze tied to all three major credit-reporting bureaus to prevent people from obtaining credit in their name. They can also use the Web site to lift the freeze temporarily.

Before that, people had to obtain security freezes — or lift them temporarily — by mail. That would slow the process for someone who might need access to immediate credit for a large purchase such as replacing a broken refrigerator or buying a new car.

The attorney general’s office is holding a series of classes to train attorneys on the legal ramifications of dealing with identity theft.

Classes also will be offered to retail merchants, social services workers and others.

Nationally, about $60 billion was lost in 2008 due to data breaches and identity theft. Some 35.6 million consumer records were exposed, a 47 percent increase over 2007.

That’s according to the Identity Theft Resource Center, a nonprofit group based in San Diego that helps identity theft victims and educates organizations and governments on the crime.

Although some new federal rules to combat identity theft will take effect Aug. 1, most states have enacted their own laws and have updated them as the crime evolves, said Linda Foley, the resource center’s founder.

“It’s like an oil spill,” Foley said. “States frequently can act more quickly.”

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