5. BLR: Business and Legal Reports BY: Douglas, Hottle, Meyer, Unkovic & Scott “ A rise in identity theft is presenting businesses with a major headache”, Employers are being held liable for identity theft (by employees) that occurs in the workplace. Identity Theft is the misuse or fraudulent use of an individual’s personal information. Unfortunately for employers, personal data such as social security, drivers license and bank account numbers is precisely what is contained in HR files, a goldmine for ID thieves. 9/19/2006
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7. Drivers License Medical Info Financial or Credit Identity Theft is not just about Credit Cards! It is a Legal Issue! ID Theft is an international crime and access to an attorney may be critical Social Security Character /Criminal Five Common Types of Identity Theft
8. Once the credit systems accept bad data it can be next to impossible to clear. USAToday June 5, 2007 Medical identity theft can impair your health and finances… and detecting this isn’t easy… and remedying the damages can be difficult. WSJ Oct 11, 2007 Because it is so overwhelming to correct the victims’ records it is imperative for businesses to protect the data. Where the law becomes logical
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10. Why should all Executives/Owners of businesses, corporations, schools, financial institutions, hospitals and governmental bodies be concerned about Identity Theft, Data Security FACTA-Red Flag Rules , GLB Safeguard Rules, and State Legislation? Answer: Liability, both civil and criminal. Should I be concerned about ID Theft?
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16. If an Employer obtains, requests or utilizes consumer reports or investigative consumer reports for hiring purposes/background screening, then the Employer is subject to FCRA requirements. www.ftc.gov/os/statutes/031224fcra.pdf Fair Credit Reporting Act (FCRA) Be Sure To Check With Your Attorney On How This Law May Specifically Apply To You
23. Law Firms Are Trolling for Victims Do you suspect that a large corporation or your employer has released your private information (through an accident or otherwise)? If you are one of many thousands whose confidential information was compromised, you may have a viable class action case against that company. Contact an attorney at the national plaintiffs' law firm of Lieff Cabraser to discuss your case . Lieff Cabraser defends Americans harmed by corporate wrongdoing. Instead of losing our identities one by one, we're seeing criminals grabbing them in massive chunks -- literally millions at a time.
28. 3. ID Theft Plan & Sensitive & Non Public Information Policy What We Do (First of four pages)
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30. If a number of your employees get notified of improper usage of their identities, this may act as an early warning system to your company of a possible internal breach which could further reduce your losses. 5. Potential Early Warning System What We Do
31. BLR: “Provides an Affirmative Defense for the company.” 6. Provide an Affirmative Defense “ One solution that provides an affirmative defense against potential fines, fees, and lawsuits is to offer . . . identity theft protection as an employee benefit. An employer can choose whether or not to pay for this benefit . The key is to make the protection available, and have a mandatory employee meeting on identity theft and the protection you are making available, similar to what most employers do for health insurance … Greg Roderick, CEO of Frontier Management, says that his employees "feel like the company's valuing them more, and it's very personal." Business and Legal Reports, January 19, 2006 What We Do
32. 7 . Provide Proof You Offered A Mitigation Plan – Checklist What We Do
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34. What We Do 8. Mitigation Planning Continued – * FTC – Protecting Personal Information A Guide For Business pg 15 This form or one similar to it is required by the FTC for all of your employees*
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37. Mike Moore served as Attorney General of Mississippi from 1988 to 2004. Grant Woods served as Attorney General of Arizona from 1991 to 1999. Andrew Miller served as Attorney General of Virginia from 1970 to 1977. Duke Ligon is Senior VP & General Counsel for Devon Energy Corporation. The Advisory Council was established to provide quality counsel and advice regarding the marketing to employee groups. Legal Advisory Council
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Notas do Editor
ID Theft is Is now an Epidemic NY Times IDT is Epidemic Aberdeen Group IDT at 300% growth ($) Garner Group IDT increasing at 79% (#) USPS Operation IDT Crisis FTC’s Top Complaint 5 years In A Row USA Today Why Is IDT at Epidemic Proportions? Foundation for Taxpayers & Consumer rights Epidemic of IDT takes Heavy Toll
Employee Confidentiality Document Acts as a Good Faith step in attempting to comply with FACTA, GLB, HIPAA, etc …
This disclaimer is given to protect the instructor and will last about 2 minutes .