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Identity Theft : The Growing Problem of Wrongful Criminal Histories. Beth Givens Privacy Rights Clearinghouse www.privacyrights.org Phone: (619) 298-3396 June 1, 2000. Credit-Related Identity Theft. The most common form 500,000 – 700,000 in 2000 1 in 5 households affected

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identity theft the growing problem of wrongful criminal histories
Identity Theft:The Growing Problem of Wrongful Criminal Histories
  • Beth Givens
  • Privacy Rights Clearinghouse
  • www.privacyrights.org
  • Phone: (619) 298-3396
  • June 1, 2000
credit related identity theft
Credit-Related Identity Theft
  • The most common form
  • 500,000 – 700,000 in 2000
  • 1 in 5 households affected
  • Typically discovered after 14 months has transpired
  • Takes 6 months to several years to resolve. The average is 2 years.
criminal identity theft
Criminal Identity Theft
  • Case Histories
  • California Identity Theft Task Force
  • Legislative proposals
  • Role of Information Brokers
  • Recommendations
criminal identity theft1
Criminal Identity Theft
  • Worst-case scenario
  • Invisible
  • Virtually impossible to clear record
  • No set procedures for doing so
  • Can ruin your life
cases
Cases
  • Bronti: rejected for numerous jobs, lost everything, homeless, now an activist
  • Olivia: her sister impersonated her when arrested for drugs, her career ambitions thwarted
  • Jose’: jailed 10 days 400 miles away
  • Scott: April 18 “Dateline,” typographical error led to murder rap
how many such cases are there
How Many Such Cases Are There?
  • No clearinghouse of statistics
  • 1 – 2 people jailed in error per month in one Southwest city
  • Our own survey: 15% of credit-related identity theft also had criminal histories
    • “Nowhere to Turn” www.privacyrights.org
california id theft task force
California ID Theft Task Force
  • Los Angeles District Attorney’s office
  • California Attorney General’s office
  • Calif. Department of Motor Vehicles
  • LA Police Dept. & LA Sheriff’s Dept.
  • California Judicial Council
  • Consumer advocates and victims
legislative proposals
Legislative Proposals
  • AB 1897, Calif. Asm. Susan Davis
    • Expedited court process to clear name
  • AB 1862, Calif. Asm. Torlakson
    • Data base of bona fide victims
  • www.leginfo.ca.gov
commercial information brokers
Commercial Information Brokers
  • Individual References Services Group (IRSG)
  • www.irsg.org
recommendations
Recommendations
  • Fair Credit Reporting Act amendments
    • Expanded access to consumer investigative reports, not just adverse decision by employer
    • Requirements of notice and access when employer does its own background check
recommendations cont d
Recommendations, cont’d
  • [As an aside, we recommend people conduct their own background checks]
  • PrivacyScan.com
  • …docusearch.com, infoseekers.com, 1800USSEARCH.com, infotel.net, knowx.com, fastbreakbail.com, …
recommendations cont d1
Recommendations, cont’d
  • FTC should investigate compliance of FCRA regarding notice and access
  • FTC should re-visit the IRSG Agreement
    • Consumer access to IRSG reports
    • U.S. Sen. Dianne Feinstein’s S.2328
  • Biometrics – a double-edged sword
slide13

Q & A

We invite your input.

www.privacyrights.org

bgivens@privacyrights.org

(619) 298-3396

B