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The Identity Theft Protection Act of 2005

The Identity Theft Protection Act of 2005. Roy Cooper Attorney General. Kim D’Arruda. ID Theft Protection Act of 2005: Statutory Overview. Social Security Number Protection Security Freeze Document Destruction Security Breach. www.noscamnc.gov. Social Security Number Protection.

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The Identity Theft Protection Act of 2005

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  1. The Identity Theft Protection Act of 2005 Roy CooperAttorney General Kim D’Arruda

  2. ID Theft Protection Act of 2005:Statutory Overview • Social Security Number Protection • Security Freeze • Document Destruction • Security Breach www.noscamnc.gov

  3. Social Security Number Protection • Statutes dictate collection of SSNs • By businesses • By government • Practical considerations: • Don’t carry your SS card with you • Don’t carry a Medicare card with you • Request free credit report www.noscamnc.gov

  4. Security Freeze • What is it? • How to place it? • How to remove it? • What does it cost? www.noscamnc.gov

  5. Hypothetical 1 • your business is running out of room for old records (some of which contain personal info of employees/customers) • you determine which records can be disposed of legally . . . www.noscamnc.gov

  6. a) . . . • there are recycling bins in the parking lot and the recycling is picked up every Friday evening • you place your old files in the recycle bin one Friday at lunch time before heading to the beach/mountains for the weekend . . . www.noscamnc.gov

  7. b) . . . • you throw the old files into your trash can to be picked up by the cleaning crew that night . . . www.noscamnc.gov

  8. c) . . . • you decide to take your old files to the landfill and dump them . . . www.noscamnc.gov

  9. Hypothetical 2 • an employee of your company took a laptop home and it was stolen out of his car • personal info of more than 1000 customers was on laptop • laptop was password protected • 2 days later, the laptop was retrieved • it doesn’t appear that the information on the laptop was accessed . . . www.noscamnc.gov

  10. Destruction of Personal Information • Reasonable Measures to Protect Information • Responsibility of Document Disposal Company • Exceptions www.noscamnc.gov

  11. Security Breach • Number of breaches AG’s Office has been notified about since Dec. 30, 2005? • Number of NC residents impacted? **as of 11/14/06 -- only includes breaches/numbers reported to AG’s Office; does not include figures from some breaches such as the VA Admin breach 62 340,972 www.noscamnc.gov

  12. Security Breach Stats www.noscamnc.gov **as of 11/14/06 -- only includes breaches/numbers reported to AG’s Office

  13. www.noscamnc.gov **as of 11/14/06 -- only includes breaches/numbers reported to AG’s Office

  14. Security Breach Stats www.noscamnc.gov **as of 11/14/06 -- only includes breaches/numbers reported to AG’s Office

  15. Security Breach Stats www.noscamnc.gov **as of 11/14/06 -- only includes breaches/numbers reported to AG’s Office

  16. Security Breach • General Provisions • What is a Security Breach? • Who must notify? • Notification Requirements • Additional Notice Requirements www.noscamnc.gov

  17. Security Breach = • Unauthorized access and acquisition • Unencrypted or unredacted records/data • Encrypted data only constitutes a breach if the confidential process or key is also acquired • Access by an employee in good faith is not a breach as long as the info is used for a legitimate purpose and not further disclosed www.noscamnc.gov

  18. Things I Hope I Have Done • Provided information for you to be able to keep your company or organization in compliance with the Act • Informed you of the Act so you can share the information with • your coworkers • your friends and family and last but not least • Provided you with a better understanding of how to protect your own identity

  19. The Identity Theft Protection Act of 2005 Kim D’Arruda Assistant Attorney General www.noscamnc.gov

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