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Federal Legislation about Identity Theft and Legislative Alerts

  • H.R. 4127: The Data Accountability and Trust Act
    http://www.govtrack.us/congress/bill.xpd?bill=h109-4127
    • An act to protect consumers by requiring reasonable security policies and procedures to protect computerized data containing personal information, and to provide for nationwide notice in the event of a security breach.
    • Introduced: October 25, 2005; Last Action: June 8, 2006 (Introductory remarks on measure.)
    • Sponsor: Rep. Clifford Stearns (R-FL)
    • Cost: $1 per American in 2006
  • H.R. 3997: The Financial Data Protection
    http://www.govtrack.us/congress/bill.xpd?bill=h109-3997
    • An act to amend the Fair Credit Reporting Act to provide for secure financial data, and for other purposes
    • Introduced: October 6, 2005; Last Action: Jun 2, 2006 (Placed on the Union Calendar)
    • Sponsor: Rep. Steven LaTourette (R-OH)
    • Cost: $1 per American in 2006
  • H.R. 5318 Cyber-Security Enhancement and Consumer Data Protection
    http://www.govtrack.us/congress/bill.xpd?bill=h109-5318
    • An act to amend title 18, United States Code, to better assure cyber-security, and for other purposes.
    • Introduced May 9, 2006; Last Action: Jun 22, 2006 (Placed on the Union Calendar)
    • Sponsor: Rep. James Sensenbrenner (R-WI)
  • S. 1789: Personal Data Privacy and Security Act
    http://www.govtrack.us/congress/bill.xpd?bill=s109-1789
    • A bill to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information.
    • Introduced: September 29, 2005; Last Action: November 17, 2005 (Placed on Senate Legislative Calendar under General Orders)
    • Sponsor: Sen. Arlen Specter (R-PA)
  • S. 1326 Notification of Risk to Personal Data Act
    http://www.govtrack.us/congress/bill.xpd?bill=s109-1326
    • A bill to require agencies and persons in possession of computerized data containing sensitive personal information, to disclose security breaches where such breach poses a significant risk of identity theft.
    • Introduced: June 28, 2005; Last Action: October 20, 2005 (Placed on Senate Legislative Calendar under General Orders)
    • Sponsor: Sen. Jefferson Sessions (R-AL)
    • Cost: $1 per American over the 2006-2011 period
  • S. 1408 Identity Theft Protection
    http://www.govtrack.us/congress/bill.xpd?bill=s109-1408
    • A bill to strengthen data protection and safeguards, require data breach notification, and further prevent identity theft.
    • Introduced: July 14, 2005; Last Action: December 8, 2005 (Placed on Senate Legislative Calendar under General Orders)
    • Sponsor: Sen. Gordon Smith (R-OR)
    • Cost: $1 per American in 2006

State Legislation about Identity Theft and Legislative Alerts

  • Security Breach Notification Legislation/Laws (2002-present)
    Source: National Conference of State Legislatures
    Thirty-five states have enacted legislation requiring companies and/or state agencies to disclose security breaches involving personal information.  For summaries of legislation and links to the text of statutes and bills, click on the links below.
    http://www.ncsl.org/programs/lis/cip/priv/breach.htm

  • Identity Theft Legislation (2002-2006)
    Source: National Conference of State Legislatures
    In the 2006 legislative session, states continue to strengthen laws to protect consumers from identity theft.  From increasing penalties to expanding the law enforcement role in investigating cases, states enacted several bills to help fight identity theft.  States went further to assist identity theft victims after the victimization, by enacting laws that prohibit discrimination against an identity theft victim, allow expungement of the records related to the underlying theft and created Identity Theft Passport programs to help victims in clearing their name and financial records.
    http://www.ncsl.org/programs/lis/privacy/idt-legis.htm

  • Consumer Report Security Freeze Laws (2001-present)
    Source: National Conference of State Legislatures
    A consumer report security freeze limits a consumer reporting agency from releasing a credit report or any information from the report without authorization from the consumer.  If a person suspects that he or she has been victimized by identity theft, a consumer report security freeze can help the person track whether an identity thief is using the person’s information to set up bogus accounts.  Since 2001, 25 states have enacted laws that allow security freezes.  Security freeze laws in Hawaii, Kansas, Maine, South Dakota, Texas, Vermont and Washington are limited to identity theft victims, while the other states give all consumers the option to place a freeze on their credit history.
    http://www.ncsl.org/programs/lis/privacy/idt-legis.htm

 

Fast Facts

We have compiled data from eight well-respected organizations that speak to the scope of identity theft and the cost incurred by organizations and consumers dealing with the aftermath.

Your Identity Is Your Business. Protecting It Is Ours.