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Anyone keeping tabs on the legal scene would think data breaches are something new, given all of the legislation hitting the floor of Congress, when in reality they have been happening since businesses began saving data. The truth is the average consumer didn’t really think about it until they started to hear about data breaches and fraud trends when California blazed a trail with what is considered to be the “grandma” of data breach laws back in 2002. The California law (CA SB 1386) required entities to report data breaches if a California resident was a record in the breach that included personally identifiable information and met the state’s criteria for breach. One might say that law started it all: data breach reporting, the ability for watchdog tracking, and media coverage – before CA SB 1386 we only saw the tip of the iceberg. There are currently four bills worth watching in Congress right now that could have some significant impact to data breach notification requirements: Senate Bill 139, sponsored by California Sen. Diane Feinstein. The Data Breach Notification Act would cover any agency or business that uses or stores personal identifiable information and make it mandatory that if a breach occurred, the victims would be informed Senate Bill 3579, the Carper-Bennett legislation, entitled the Data Security Act of 2010 applies to financial institutions, retailers and government agencies, and would require these entities to safeguard sensitive information, investigate security breaches and notify consumers when there is a substantial risk of identity theft or account fraud. This bill is aimed to protect consumers and businesses from identity theft and account fraud. Senate Bill 3742, entitled The Data Security and Breach Notification Act of 2010, sponsored by Senators Mark Pryor and Jay Rockefeller would cross industries and requires special requirements for data brokers. It was referred this month to the Committee on Commerce, Science and Technology, which Rockefeller chairs. Senate Bill 1490, entitled the Personal Data Privacy and Security Act, designates as fraud unauthorized access of personally identifiable information and allows the act to lead to racketeering charges. Sponsored by Senate Judiciary Committee Chairman, Patrick Leahy, it would also prohibit concealment of security breaches involved in fraud and prohibit the dismissal of a Chapter 7 bankruptcy case if the debtor is an identity-theft victim. Many organizations already provide for data breach and the security of personally identifiable information as part of an Identity Theft Prevention Program or Red Flags Rule compliance. I’m happy to say that many rely on Experian tools (https://www.experian.com/data-breach/data-breach-resources.html) for data breach or Enterprise Risk Management solutions. However, any of these bills could change the game for many businesses not already regulated by the Gramm-Leach-Bliley Act (GLB), the Fair Credit Reporting Act (FCRA) or Fair and Accurate Credit Transactions Act (FACTA). In fact, two of the bills would essentially subject data brokers to the same kinds of legislation that financial institutions have under FCRA. The reasoning behind it is that fraud trends continue to show risk levels are the same to the consumer, regardless of where the information is stored. The financial industry and credit bureau data have been regulated for years so, in a sense, I think it’s just “more of the same” unless you happen to be in an industry not regulated as stringently. Still… it’s worth keeping those “tabs” and RSS feeds alive.

Working with clients in the financial sector means keeping an eye toward compliance and regulations like the Gramm-Leach-Bliley Act (GLB), the Fair Credit Reporting Act (FCRA) or Fair and Accurate Credit Transactions Act (FACTA). It doesn’t really matter what kind of product it is, if a client is a financial institution (FI) of some kind, one of these three pieces of legislation is probably going to apply. The good part is, these clients know it and typically have staff dedicated to these functions. In my experience, where most clients need help is in understanding which regulations apply or what might be allowed under each. The truth is, a product designed to minimize fraud, like knowledge based authentication, will function the same whether using FCRA regulated or non-FCRA regulated data. The differences will be in the fraud models used with the product, the decisioning strategies set-up, the questions asked and the data sources of those questions. Under GLB it is acceptable to use fraud analytics for detection purposes, as fraud detection is an approved GLB exception. However, under FCRA rules, fraud detection is not a recognized permissible purpose (for accessing a consumer’s data). Instead, written instructions (of the consumer) may be used as the permissible purpose, or another permissible purpose permitted under FCRA; such as legitimate business need due to risk of financial loss. Fraud best practices dictate engaging with clients, and their compliance teams, to ensure the correct product has been selected based on client fraud trends and client needs. A risk based authentication approach, using all available data and appropriately decisioning on that data, whether or not it includes out of wallet questions, provides the most efficient management of risk for clients and best experience for consumers.

Quite a scary new (although in some ways old) form of identity theft in the headlines recently. Here’s a link to the article, which talks about how children’s dormant Social Security numbers are being found and sold by companies online under the guise of CPN’s – aka credit profile numbers or credit protection numbers. Using deceased, “found”, or otherwise illicitly obtained Social Security numbers is not something new. Experian’s and any good identity verification tool is going to check against the Social Security Administration’s list of numbers listed as deceased as well as check to ensure the submitted number is in an SSA valid issue range. But the two things I find most troubling here are: One, the sellers have found a way around the law by not calling them Social Security numbers and calling them CPN’s instead. That seems ludicrous! But, in fact, the article goes on to state that “Because the numbers exist in a legal gray area, federal investigators have not figured out a way to prosecute the people involved”. Two, because of the anonymity and the ability to quickly set up and abandon “shop”, the online marketplace is the perfect venue for both buyer and seller to connect with minimal risk of being caught. What can we as consumers and businesses take away from this? As consumers, we’re reminded to be ever vigilant about the disclosure of not only OUR Social Security number but that of our family members as well. For businesses, it’s a reminder to take advantage of additional identity verification and fraud prediction tools, such as Experian’s Precise ID, Knowledge IQ, and BizID, when making credit decisions or opening accounts rather than relying solely on consumer credit scores.
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typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.


