MODEL LAWS
ID Theft Prevention Model Law
Summary
The CLEAN Credit and Identity Theft Protection Act model state law:
- Limits the right of businesses to request, obtain, publish, or mail a person’'s Social Security number, or to use a Social Security number on a tag or membership or as a password;
- Gives consumers the right to freeze their credit report so that it may not be released by a credit reporting agency without the consumer’s authorization;
- Requires that consumers are notified they may freeze their credit reports;
- Requires that consumers be given notice when security breaches occur involving their personal information, and provides consumers with free credit reports and credit freezes for a period of time following the breach;
- Gives consumers the right to file a police report in the event of identity theft; and,
- Requires that when businesses dispose of records containing personal information that they do so in a secure manner.
Frequently Asked Questions
-
Q1: What is a “security freeze”?
A1: When a credit reporting agencies will not release your credit report without a specific request from you. - Q2: How does a security freeze help the consumer?
A2: If a person’'s ID is stolen, the person who stole the ID cannot obtain a new credit card or a loan under the person’'s name because the credit card issuer or lender will not approve the issuance or loan without a credit report. - Q3: Why do consumers need a right to file a police report? Can't anyone file a police report for any crime?
A3: Some consumers experienced the police being unwilling to take police reports of claims of ID theft. This assures that police departments will take such reports.
More Resources
Model law with commentary
(Word Doc, 75kb)
Similar measures in other states
(Word Doc, 75kb)
Model law with commentary
(Word Doc, 75kb)
Similar measures in other states
(Word Doc, 75kb)
