Identity Theft Penalty

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FTC Requires Companies To Destroy Consumer Records
Richard Chapo 

On June 1, 2005, the Federal Trade Commission issued new regulations requiring companies to destroy certain consumer records. The specific rule requires consumer information such as credit reports to be physically destroyed after it is used.

Records

The rule covers practically any consumer records. Examples include credit reports, court records, employment histories and rental histories to mention only a few.

Identity Theft

Heading complaints from constituents, Congress has been trying to figure out how to deal with growing identity theft problems. In response, the FTC rule requires all personal information to be:

1. Burned(!),

2. Pulverized,

3. Shredded, or

4. Destroyed.

Whether you shred the records or stand in the parking lot with a flamethrower, the rule requires the documents to be destroyed to the extent they cannot be read. Importantly, the rule also applies to electronic files.

As an agency rule, the new regulation does not result in any criminal penalties. Instead, the FTC penalty provisions call for a fine of up to $2,500 per violation. Individuals that have information misused can also seek damages in civil lawsuits.

Effective?

The FTC should be applauded for taking any step to help in the fight against identity theft. The flood of recent public disclosures by companies admitting to lost records is appalling. But does this new rule really help?

No.

The new regulation provides no provisions on how long the records can be held before being destroyed. This effectively neuters the regulation. Any claim of violation is going to be refuted by the defense of, “We destroy records every xxx months.” Even if you disagree with this assessment, consider the destruction of electronic files.

Electronic files are automatically backed up on hard drives. Merely deleting a file does not erase it from a hard drive. To comply with the regulations, are companies supposed to wipe all their hard drives every day or is deleting the records enough? Wiping the drives is incredibly burdensome while deleting files is useless. As you might imagine, the FTC provides no guidance on the issue.

Cutting to the chase, the FTC has issued this rule for one reason – to satisfy Congress. It has little practical impact in protecting your private information and leaves companies with another vague regulatory requirement.


http://www.ezinearticles.com/?FTC-Requires-Companies-To-Destroy-Consumer-Records&id=43847



Identity Theft Prevention...
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Identity Theft

Preventing Identity Theft
By Gary Gresham

Preventing identity theft is never foolproof but here are
some good tips that will make it more difficult for
anyone to steal your personal information.

The first and most important step for preventing identity
theft is keeping a close watch on all of your personal
information and your credit report.

Check your credit reports from all three bureaus at least
once a year. Once you get your credit report check
carefully to see that everything is accurate.

If you find an error, dispute it immediately so you can
protect yourself from fraud.

Quite often similar names and similar social security
numbers get mixed up, or worse, someone could have stolen
your identity.

Another good way of preventing identity theft is don`t
carry your Social Security card or anything with your
Social Security number on it in your wallet.

Keeping your social security number private is a critical
part of preventing identity theft.

Also, don`t keep your bank card pin number in your wallet
because it helps a thief who has stolen your wallet help
themselves to your cash at an A.T.M.

In this age of computer hacking, preventing identity theft
also applies to the Internet.

If you use the Internet, make sure all your security
software is up to date and be careful of Internet scams.

Remember, no legitimate business will ever send you an e-
mail asking you to confirm your personal identifying
information.

Preventing identity theft means you never give out
personal information unless you initiated the contact or
you`re absolutely sure who you`re dealing with.

Another good way of preventing identity theft is be
especially careful about divulging your credit card
number over the phone to telemarketers.

Often the only goal is to obtain your name, address and
credit card number.

If you have to give your credit card number over the phone
for a hotel or airline reservation, use a regular corded
phone as opposed to a cordless or cell phone.

Make sure you report any lost or stolen credit cards
immediately for preventing identity theft.

The bottom line is be careful about divulging any personal
information about you.

If you use these tips you`ll have a much better chance at
preventing identity theft before it happens.

Gary Gresham is a mortgage loan officer and the webmaster
for http://www.credit-repair-facts.com (http://www.credit-
repair-facts.com). He offers you credit information, debt
elimination programs and informative facts that gives you
the knowledge to correct your own credit and credit
report.
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