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PANEL DISCUSSION HALL FALL SEMINAR – IDENTITY THEFT LAURA B HERNANDEZ PUBLIC RECORDS PRODUCT SPECIALIST NOVEMBER 10, 2008.

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Presentation on theme: "PANEL DISCUSSION HALL FALL SEMINAR – IDENTITY THEFT LAURA B HERNANDEZ PUBLIC RECORDS PRODUCT SPECIALIST NOVEMBER 10, 2008."— Presentation transcript:

1 PANEL DISCUSSION HALL FALL SEMINAR – IDENTITY THEFT LAURA B HERNANDEZ PUBLIC RECORDS PRODUCT SPECIALIST NOVEMBER 10, 2008

2 Agenda Brief introduction – FCRA (Fair Credit Reporting Act) – GLBA (Gramm Leach Bliley Act) – DPPA (Driver’s Privacy Protection Act) Panel Discussion

3 FCRA – Two Kinds of Public Records Can be used ONLY for FCRA purposes Consumer screening Employment screening Residential tenant screening Usually requires permission from consumer Example: consumer credit report Record of inquiry is made Consumer right to review and dispute content FCRA-Compliant data vs. Non-FCRA data Can be used ONLY for NON-FCRA purposes Background legal research Litigation Due Diligence No permission from consumer required No consumer right to review or dispute record 15 USCA 1681 et seq.

4 Plaintiff’s attorney needed background on defendant in relation to malpractice suit. Accessed Defendant’s credit report but did not have FCRA purpose. Fined $1500 actual and $15,000 punitive damages. Attorney should have used non-FCRA public records. Use the right kind of public records for the research purpose.

5 GLBA - GRAMM LEACH BLILEY ACT Passed in 1999: Protection for consumer financial data gathered by financial institutions on its customers. 15 U.S.C et seq Impact of GLBA: credit header databases Requires permissible use to access GLBA-protected data

6 DPPA – Driver’s Privacy Protection Act Began with the stalking murder of Rebecca Shaffer - Information obtained by stalker from the California Bureau of Motor Vehicles. DPPA enacted in U.S.C et seq. States enacted additional DPPA protections.

7 Yes Do NOT use the database No Do you want information for an FCRA purpose? Yes Use an FCRA- Compliant Database Do you have a permissible use for the data? Does the database have permissible use selections? No Use a NON-FCRA Database Search data No Yes


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