United States

Federal

Economic Espionage Act (EEA)
The Economic Espionage Act of 1996 (EEA) made it a criminal offence to steal trade secrets, defined as "all forms and types of financial, business, scientific, technical, economic or engineering information" that the owner has taken reasonable measures to keep secret and that is not known to the public. The legislation applies to information in any form.

Fair and Accurate Credit Transactions Act (FACTA)
The Fair and Accurate Credit Transactions Act, 2003 (FACTA) was enacted in December 2003 with more specific document destruction rules coming into effect on June 1, 2005. FACTA amended the existing Fair Credit Reporting Act providing consumers, companies, consumer reporting agencies and regulators with new tools to expand consumer access to credit, enhance the accuracy of consumer financial information, and help fight identity theft. FACTA is administered by the Federal Trade Commission (FTC).

Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a United States federal law that requires health care organizations to "maintain reasonable and appropriate, technical, and physical safeguards to prevent intentional or unintentional use or disclosure of protected health information." Protected health information (PHI) includes patient medical records, patient logs, insurance, billing and other personally identifiable health information.

Identity Theft Penalty Enhancement Act
The Identity Theft Penalty Enhancement Act of 2004. The law established a new federal crime, aggravated identity theft, outlined under "offenses" in the Act: Offenses - (1) In general - Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. (2) Terrorism offense - Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

State

California Senate Bill 1386
California was the first U.S. state to have an agency, the Office of Privacy Protection, dedicated to promoting and protecting the privacy rights of consumers. The State has a number of laws related to privacy and identity theft including Senate Bill 1386 (SB 1386). Since July 2003, businesses and individuals that maintain computerized data that includes specified personal information must disclose any breach of the security of that data. The legislation is designed to give companies the incentive to take proactive steps to ensure that their customers do not become victims of identity theft.

Florida Unlawful Use of Personal Identification Information Act (HB 481)
The Florida Unlawful Use of Personal Identification Information Act (HB 481) requires businesses to notify individuals when a security breach results in their personal information being released to unauthorized parties if the breach has or will likely result in harm to the affected individuals. The Act specifies the notification steps businesses must follow in the event of a security breach.

Georgia Senate Bill 475
Georgia is one of the most aggressive states in the United States in fighting identity theft, introducing its first identity theft legislation in 1998 making identity theft a felony. The 1998 law was updated in 2002 by Senate Bill 475to recognize that people whose identities are stolen are victims even if they do not suffer financial loss. Also, the law requires companies to securely dispose of all consumer identity information.

Illinois Personal Information Protection Act (HB 1633)
The Illinois Personal Information Protection Act (HB 1633) requires businesses to notify individuals when a security breach results in their personal information being released to unauthorized parties. The Act specifies the notification steps businesses must follow in the event of a security breach.

Louisiana Database Security Breach Notification Law (SB 205)
The Louisiana Database Security Breach Notification Law (SB 205) requires businesses to notify Louisiana residents when a security breach results in their unencrypted personal information being released to unauthorized parties and there is reasonable likelihood of harm to customers. The Act specifies the notification steps businesses must follow in the event of a security breach.

Maine Notice of Risk to Personal Data Act (LD 1671)
The Maine Notice of Risk to Personal Data Act (LD 1671) requires information brokers to notify individuals when a security breach results in their personal information being released to unauthorized parties. The Act specifies the notification steps information brokers must follow in the event of a security breach.

Minnesota Security Breach Disclosure Act (H.F. No. 2121)
The Minnesota Bill H.F. No. 2121 requires businesses to notify individuals when a security a breach causes their personal information to be released to unauthorized parties. The Bill specifies the notification steps businesses must follow in the event of a security breach.

Montana Law regarding Identity Theft and Security Breaches (HB 732)
Montana's Identity Theft Act (HB 732) requires businesses to notify individuals when a security breach results in their personal information being released to unauthorized parties if that breach causes or is reasonably believed to cause loss or injury to a Montana resident. The Act specifies the notification steps that businesses must follow in the event of a security breach. Additionally, the Act specifies that Montana businesses must take reasonable steps to destroy customer records that are no longer needed, if they contain personal information by "shredding, erasing, or otherwise modifying the personal information".

Nevada Senate Bill 347
Nevada Senate Bill 347 requires businesses to notify individuals when a security breach results in their personal information being released to unauthorized parties.The Bill specifies the notification steps businesses must follow in the event of a security breach.

New Jersey Identity Theft Prevention Act (ITPA)
New Jersey's Identity Theft Prevention Act (ITPA) protects individuals from identity theft in various ways, including: - requiring consumer credit reporting agencies to place security freezes on consumer reports upon request - requiring businesses that collect digital records containing personal information to notify individuals whose personal data is compromised - limiting the use of social security numbers as general identifiers; and requiring businesses to destroy personal information that is no longer needed.

New York Information Security Breach and Notification Act (A04254)
The New York Information Security Breach and Notification Act (A04254) requires businesses to notify affected individuals when a security breach results in their private information being released to unauthorized parties. The Act specifies the notification steps businesses must follow in the event of a security breach.

North Carolina Identity Theft Protection Act (1048)
The North Carolina Identity Theft Protection Act, (Senate Bill 1048) guards against the misuse of North Carolina residents' personal information. The Act mandates the proper disposal of records containing sensitive information, limits the legal uses of social security numbers, and grants consumers the right to put a credit freeze in place to prevent identity thieves from obtaining false credit.

Pennsylvania Breach of Personal Information Notification Act (713)
Pennsylvania Senate Bill 713 the Breach of Personal Information Notification Act, requires businesses to notify individuals when a security breach results in their personal information being released to unauthorized parties and the security breach causes or will cause loss or injury to a Pennsylvania resident. The Act specifies the notification steps businesses must follow in the event of a security breach.

Rhode Island Identity Theft Protection Act of 2005
The Rhode Island Identity Theft Protection Act of 2005 (H6191 Substitute A) requires businesses to notify individuals when a security breach results in their personal information being released to unauthorized parties, unless an appropriate investigation determines that the breach has not and will not likely result in a significant risk of identify theft. The Act specifies the notification steps businesses must follow in the event of a security breach.

Identity Theft Fact Sheet
Identity theft is the fastest growing form of consumer fraud in the United States. The consequences for the business are enormous both in terms of direct costs and potential damage to corporate reputation.

You Can Build A New Identity
Friday, April 10, 2009

Medical identity theft is a growing issue in North America and growing even larger in a recession where pinching pennies can mean pinching someone else’s identity to get access to health care services, prescription drugs, elective surgery and dental care.

Risk Management - The Experts View
Friday, April 10, 2009

Why should risk management and business continuity remain a priority issue in today’s global economy, while companies are having to deal with recession?