New York State Enacts Three Identity Theft Laws

The Governor of New York State, George Pataki, recently signed into law three bills that are intended to enhance consumer protection and strengthen consumer privacy, relating to what has been commonly referred to as "identity theft". First, the new Consumer Communication Records Privacy Act prohibits the sale, fraudulent transfer, or solicitation of consumers' telephone records without their consent. Before this law came into effect, consumers' phone logs could be sold to third parties without their knowledge. A second bill (Bill No S6909C/A10076D) prevents Social Security numbers (SSNs) from being accessed by unauthorized persons. The new law limits the use and dissemination of SSNs through:

• prohibiting the intentional communication of SSNs to the general public,
• restricting businesses' ability to print SSNs on mailings, or on any card or tag required to access products, services, or benefits,
• prohibiting businesses from requiring someone to transmit their SSN over the Internet, and
• requiring businesses to have appropriate SSN privacy safeguards and limit unnecessary employee access to SSNs.

The third new piece of legislation (Bill No A891F/S5005F) is New York State's first anti-spyware law. It elaborates and clarifies existing state laws to permit the prosecution of those who intentionally disrupt computer systems, steal personal information, or plant malicious programs on others' computers without their consent. For more information (including reference to pre-existing relevant legislation in New York), visit: http://www.ny.gov/governor/press/06/0926061.html; and http://www.northcountrygazette.org/articles/092606IdentityTheft.html Summary by: Andrei Edwards