Identity theft is one of the fastest growing crimes committed in the United States. Criminals who use personal information to open credit card accounts, write checks, buy cars and commit other financial crimes with other people to steal identities.
Hawaii is the sixth worst record of identity theft in the country, according to a 2007 report
Hawaii 's I. Right to security breaches
Identity theft in Hawaii in a rowsignificant losses for both companies and consumers. This has motivated the legislature epidemic in Hawaii in 2006, theft happen to several bills, Hawaii to provide greater protection for residents of identity:
Law 135: Requires businesses and government agencies that maintain confidential customer information to consumers if that information to notify affected by an unauthorized disclosure has been;
Law 136: Requires reasonable steps to protectagainst unauthorized access to personal information in order to dispose of records;
Law 137: Restricts the disclosure of business and government / social security numbers need to / from the public;
Law 138: records of consumers who are victims of identity theft to freeze the safety of their credit report is fine;
Law 139: the intentional or knowing unauthorized possession of confidential personal information is a Class C offense
Together,Bills signed by Governor Linda Lingle as HRS 487R obligations for companies in Hawaii to notify the Business section, where residents manage their personal information from unauthorized disclosure is compromised by.
487R HRS chapter does not cover financial institutions to the Federal Interagency Guidance on Response Programs for Unauthorized Access to Consumer Information and Communication of the customer, health plans and providers are subject orHIPAA.
The political background behind HRS chapter 487R is that the message is ready to help potential victims to take action against identity theft by initiating steps to check their credit reputation. It 'so important that every company is subject to audit HRS Chapter 487R how sensitive personal information, maintained and prepared team Have a security hole with Reference Obligations and Effectively comply with a breach of personal data.
IISecurity breach
HRS 487R obligations by companies individually Hawaii to communicate his personal information maintained by those who are at risk of unauthorized disclosure and business was doing so in order to advance.
Under the Statute, the "Personal Information" is a person's name or first initial and last name in combination with one or more of the following data elements when either the name or dataElements are not encrypted: Social Security numbers, driver's license or identification number of Hawaii or account number, card number, credit or debit card or password, allowing access to an individual's financial account.
Personal data will be protected when on a "record". A "record" means any material on which written, drawn, spoken, recorded visual or electromagnetic information or preserved, regardless of physical form or characteristics. Thus, a "record" candigital or paper, which is significantly different from other states, which could cover only digital information.
The notice requirements are triggered when a "security vacuum" has occurred. A "vulnerability" as an event of unauthorized access and acquisition of unencrypted or unredacted records of data with personal information is defined as the illegal use of personal information has occurred or may reasonably be expected, and this creates a risk of harm to aPerson. As shown in the definition, it is often difficult to determine whether the information was "acquired" or to the extent that a "threat" exists.
Many states, including Alabama, Connecticut, Delaware, Florida, and have developed a risk of harm exception. This exception in the rule relieves the company from the notification, in consultation with law enforcement authorities. Hawaii because the law has no such exceptions, the majority of accidents in the clear / stolen unredactedor loss of documents containing personal data, the presumption that the illegal use is expected that the risk of injury. Moreover, even if a legal obligation does not arise are other legal obligations relating to theft or loss.
III. Communication
occurred to the extent that a security issue, and personal information was compromised, the company must satisfy the notification requirement imposed by HRS Chapter 487R. Form of communicationsbeen part of this article provided for educational purposes. The notice requirements must be met without undue delay. " The only exception would be if the law enforcement agency for business travelers informed written notification may impede a criminal investigation or jeopardize national security. Once it was established that the notice period is not longer impede the investigation, disclosure will be provided promptly.
Under HRS chapter 487R, the company must inform the residents (andthe Office of Consumer and credit reporting agencies in view of 1,000 people were provided).
Cancellations must be up to the last available address. The message can be sent to local mail if the person "to" held to receive information this way. Direct telephone communication may be given under the Statute, but in general it is not the recommended way to inform, residence, given the potential legal risks associated with this form of communication.
Under theStatutes to replace "notice" provided, where to submit the costs if the company can demonstrate that the costs of providing notice would exceed $ 100,000, or that the affected class of subject persons to be notified exceeds two hundred thousand be, or if the company not have sufficient contact information or fails to identify particular affected persons.
Substitute notice is e-mail to the person, where is the e-mail, posting of a conspicuous warning noticeon the website of the company maintained, and the message of a security breach at major national media.
IV Penalties
legal sanctions can be significant. However, state agencies other than legal sanctions under HRS § 487R-3. By law, companies can not be punished more than $ 2,500 for each violation. This penalty can multiply rapidly when or even hundreds of thousands of residents of Hawaii are not informed that their personal information wascompromises.
Moreover, a judge to impose a measure on the business and the company may be liable for actual damages and attorneys fees.
V. Final Word
Hawaii and other states have taken significant steps to combat the growing epidemic of identity theft. It 'important that both businesses and employers in Hawaii, consumers and the reputation to take appropriate measures to protect their interests.
For employers and Hawaii businesses:
OContract imposing an obligation to consider other companies to sensitive data and personal your employees and customers in a timely manner, and immediately report security breaches;
or ensure appropriate administrative, technical and physical security are placed on personal data covers both the third party and internally displaced persons;
Or have a regular, the IT department to assess the risks of electronically stored information andcomputer network systems of society;
Or Have It designs and regularly review the overall emergency response procedures to limit the vulnerability of corporate systems and plan of action;
o upgrade the privacy policies of workers;
o Make sure that the company personnel to collect only the minimum information necessary to achieve the business purpose.
For the consumer:
or ask your employer, doctor, bank, etc., what measures are taken to protect against the misappropriationprivate information;
Discuss or your e-mail and garbage, use paper shredder Cross Cut;
Use frozen or mailboxes;
or keep your private information hidden in your house and keep safe,
o Do not give private information over the phone;
Pay attention or when you build your computer passwords;
Or use common sense and remain vigilant to write (for example, creditors as soon as you think you have not received a timely settlement);
Or file a police reportReport and contact the police if you know more that personal data was compromised and to close the accounts, like credit cards, bank accounts, etc.;
Follow-up or to reflect the prosecution authorities for writing and wrote a file, bad checks dispute directly with merchants;
o Place a fraud alert / freeze your credit file (Equifax, Experian or Trans Union);
or regularly receive the credit report and look carefully above note is required from companiescan not contact, accounts not opened, debts can not be explained, and immediately report the information to law enforcement authorities.
SAMPLE Letter 1
Obtained data: account number, credit card or debit card number, access code or password that allows access to individual Financial Account
Love
We turn to you] because of a recent incident at [name of organization.
[Describe what happened in general terms that personal information was involved, andto protect what you do in response, including the act of further unauthorized access.]
How to protect against the possibility of identity theft, you should immediately contact the credit card [and financial] issuer account at [telephone number] and tell them that your account has been compromised. Continue to monitor your account statements.
When you open a new account, ask [name of insurer] Account enter a PIN or password. This will help to access theAccount.
To further safeguard, you should review the credit reports at least every three months for at least next year. Call one of the three credit reporting agencies on a lower number. Request for instructions on obtaining a free copy of your credit report from each.
Equifax Experian Trans Union
888-397-3742 888-766-0008 800-680-7289
For more information about identity theft, we recommend using the website of the Department of Hawaii visitTrade and Consumer Protection in ______________ [or the Federal Trade Commission on ___________________]. If there's anything you can do [your name] organization to help you, call toll free [free (if your phone number].
[Close]
Sample Letter 2
Data obtained: Driver's License or identification card number Hawai'i
Love
We are writing to you because of a recent incident involving qt [name. Organization].
[Describe what happened in general terms what kind ofpersonal information was involved and what to do in response, including the law to help protect unauthorized access.]
Since the license [or Hawaii identification card number] was involved, you should report immediately to contact the local DMV office theft. Ask them to place a fraud alert under license.
To further safeguard, you should place a fraud alert on credit files. A fraud alert can tell creditors to contact youbefore the opening of new accounts. Call one of the three credit reporting agencies on a lower number. This will automatically place fraud alerts with all the agencies. AIL receive letters from them with instructions on how to obtain a free copy of your credit report from each.
Equifax Experian Trans Union
888-397-3742 888-766-0008 800-680-7289
When you receive the credit reports, look carefully. Look for accounts that are not open. Viewinquiries by creditors who have caused you and look for information such as home address and Social Security number, which is incorrect. If you see something you do not understand, call the credit reporting agency by telephone to the report.
If you find suspicious activity on credit reports, call the police and local authorities a report of identity theft. [Or, if appropriate, give the phone number for the agency law enforcement investigating the incidentto report to you.] a copy of the police. You may need to clear your record copies to creditors.
Even if there is no evidence of fraud in your reports, you should check your credit reports at least every three months for at least next year. Call one of the above numbers to your reports and hold for the reporting of fraud on the spot.
For more information about identity theft, we recommend using the website of the Department of Trade and Hawaii visitConsumer _________________ [or the Federal Trade Commission on __________________]. If there's anything you can do [your name] organization to help, please call toll free [free (if possible)] telephone number.
[Close]
sample letter of 3
Data from: Social Security Number
Love
We turn to you] because of a recent incident at [name of organization. [Describe what happened in general terms that personal information was involved, andto protect what you do in response, including the act of further unauthorized access.]
How to protect against the possibility of identity theft, you should put a fraud alert on credit files. A fraud alert creditors know that you can contact you before opening new accounts. Call one of the three credit reporting agencies on a lower number. This will automatically place fraud alerts with all the agencies. You will receive letters from allwith instructions on how to obtain a free copy of your credit report from each.
Equifax Experian Trans Union
888-397-3742 888-766-0008 800-680-7289
When you receive the credit reports, look carefully. Look for accounts that are not open. Requests received by creditors who have caused you and look for information such as home address and Social Security number, which is incorrect. If you see something you do not understand, call the credit reporting agencyAgency for the phone to the report.
If you find suspicious activity on credit reports, call the police and local authorities to submit a police report of identity theft. [Or, if appropriate, indicating the phone number coat Law Enforcement Agency to investigate the accident to report to you.] A copy of the police. You may need to sign copies of police records to clarify the creditors.
Even if there is no evidence of fraud in reporting, we recommendCheck your credit reports at least every three months for at least next year. Call one of the above numbers to your reports and hold for the reporting of fraud on the spot.
For more information about identity theft, we recommend using the website of the Hawaii Department of Commerce and Consumer Protection on ____________ [or the Federal Trade Commission to visit ______________]. If there's anything you can do [your name] organization to help you, call toll free [free (if possible)Telephone number].
[Close]
No comments:
Post a Comment