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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. 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

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  1. Identity Theft:The Growing Problem of Wrongful Criminal Histories • Beth Givens • Privacy Rights Clearinghouse • www.privacyrights.org • Phone: (619) 298-3396 • June 1, 2000

  2. 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.

  3. Criminal Identity Theft • Case Histories • California Identity Theft Task Force • Legislative proposals • Role of Information Brokers • Recommendations

  4. Criminal Identity Theft • Worst-case scenario • Invisible • Virtually impossible to clear record • No set procedures for doing so • Can ruin your life

  5. 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

  6. 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

  7. 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

  8. 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

  9. Commercial Information Brokers • Individual References Services Group (IRSG) • www.irsg.org

  10. 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

  11. 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, …

  12. 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

  13. Q & A We invite your input. www.privacyrights.org bgivens@privacyrights.org (619) 298-3396 B

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