Identity Theft The Growing Problem of Wrongful Criminal

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 Typically discovered after 14 months has transpired • Takes 6 months to several years to resolve. The average is 2 years.

Criminal Identity Theft 1. 2. 3. 4. 5. Case Histories California Identity Theft Task Force Legislative proposals Role of Information Brokers Recommendations

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

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? • 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 • • • 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 • 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 • Individual References Services Group (IRSG) • www. irsg. org

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 • [As an aside, we recommend people conduct their own background checks] • Privacy. Scan. com • …docusearch. com, infoseekers. com, 1800 USSEARCH. com, infotel. net, knowx. com, fastbreakbail. com, …

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

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