NJ Identity Theft Prevention Act. Presentation to The Pennington Business & Professional Association June 7, 2006

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1 NJ Identity Theft Prevention Act Presentation to The Pennington Business & Professional Association June 7, 2006

2 Identity theft is happening Recent Identity Thefts... Va Hospital- laptop stolen with info on 26.5 million vets Wells Fargo laptop stolen Bank of America- employee sold customer information 2005 U of Delaware ssn and driver licenses GM employee took info on co-workers

3 Avenues of Theft Hackers Stolen laptops, PDAs, Smartphones Employee dishonesty Employee carelessness Improper disposal of records, computers, hard drives

4 N.J.'s response Enacted Identity Theft Prevention Act. NJSA 56:11-44 et. Seq. Legislature found that despite increase awareness, ID theft continue to rise SSN is the most used method to track people.

5 Aspects of the Law Identity Theft Prevention Act has 2 aspects Applies to Businesses Applies to Consumers

6 Business Obligations 2 aspects to the business obligations What happens when data is stolen from company? What must a company do with the information that it does have?

7 Data taken what next? Once a business determines data is taken: Must notify Division of State Police in Law and Public Safety. Must notify customers: Letters Electronic notice that complies with federal requirements. Substituted notice to customer Conspicuous display on business website Notification in a statewide media

8 What to do with the data? The act directly only deals with the destruction of information. Must use a method to make it unreadable, undecipherable or nonreconstructable through generally available means.. The act also directs that regulations be developed to deal with security of personal information. The nuts and bolts are yet to come.

9 Who does the act apply to? Any business that keeps personal information Personal information is defined as: First and Last name in conjunction with: Social Security Number Driver's license number or State ID card number Account number, credit or debit card number with security code, access code or password While act talks about computerized records it also talks about shredding of records and defines records as information in any form, i.e. Audio, written, graphical, etc.

10 Personal Information The act not only applies to personal information kept on customers. The act also applies to personal information kept on employees!

11 How to Protect Data Employees are first line of defense Train employees on company's security policy. Put the company policy in writing. Either in handbook or in separate policy signed by employee. Enforce the company policy.

12 How to Protect Data Restrict access to those employees who really need access Limit the access to the times that the employees need the access. Monitor employee's computer usage.

13 How to Protect Data When hiring employee Check references. Perform a criminal background check Address employee issues quickly and in writing

14 Other Statutes Health Insurance Portability & Accountability Act (HIPAA) Sarbanes-Oxley Act (SOX)

15 Consumers If you suspect ID theft Report to your local police department Notify credit reporting agencies Writing certified mail or overnight secured connection if provided. Credit Reporting Agency must freeze within five business days from receipt of notice Agency must send written confirmation of freeze within five days of freeze

16 Credit Reporting Agency Must place freeze within 5 business days Must notify consumer freeze is in place within 5 business days Consumer can lift freeze Either as to a particular party Or for a particular period of time. CRA has 3 business days to response to lift request CRA must develop methods to receive requests by telephone, fax, internet, or other electronic media.

17 Credit Reporting Agency Freeze stays in place until it is lifted by consumer Once freeze is in place CRA cannot change any information without sending the proposed change to consumer within 30 days of being posted to file

18 Websites

19 100 Canal Pointe Blvd., Suite 209 Princeton, NJ This material is for educational purposes only and is not intended as a substitute for professional services an attorney would normally provide to a client. The material covered is general in nature and your specific circumstances may affect the applicability of this information

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