Identity Theft
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Identity Theft - Legislation

This section presents a sample of links to online Federal and State legislation and testimony.

Federal Legislation State and Territory Legislation Testimony

Drivers Privacy Protection Act
Section 2721 (Page 304 of 356): A State department of motor vehicles, and any officer, employee, or contractor shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the department in connection with a motor vehicle record.

Fair and Accurate Credit Transactions Act of 2003
Provides tools that expand access to credit and other financial services, enhance the accuracy of consumers' financial information, and help fight identity theft. These reforms make permanent the uniform national standards of credit markets and institute new, strong consumer protections.

• Includes section titled "Free Consumer Reports" (Section 211) which allows consumers to get a free credit report once every 12 months. For more information, please visit the Federal Trade Commission (FTC) Web site.
• Includes section titled "Protection and Restoration of Identity Theft Victim Credit History" (Subtitle B).

False Identification Crime Control Act of 1982
Prohibits fraud in connection with identification documents. Violators face fines and/or imprisonment for producing or transferring an identification document known it to be false or stolen. The Act also prohibits producing, transferring, or possessing a document-making device with the intent to produce false identification documents.

Gramm-Leach-Bliley Act
Requires the Federal Trade Commission, along with the Federal banking agencies, the National Credit Union Administration, the Treasury Department, and the Securities and Exchange Commission, to issue regulations ensuring that financial institutions protect the privacy of consumers' personal financial information.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Requires healthcare providers and insurers to create and maintain electronic patient records, in order to improve confidentiality and efficiency. The confidentially provisions limit the way doctors, health plans, pharmacies, hospitals and medical providers use patients' medical information. HIPAA protects “individually identifiable health information,” meaning any data "created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse" relating to a patients physical or mental condition or care. HIPAA requires health providers to send a privacy notice that states their policies for sharing individually identifiable health information without consent. Only when a patient gives consent, may a provider disclose individually identifiable health information.

Identity Theft and Assumption Deterrence Act of 1998
Makes it unlawful to knowingly transfer or use, without lawful authority, another person's identification for unlawful activities that constitute a violation of Federal law or a felony under applicable State or local law.

Identity Theft Consumer Notification Act (Pending)
Mandates that financial institutions inform consumers of their obligation to disclose that nonpublic personal information has been compromised, to provide assistance to remedy the compromise, and to reimburse any losses incurred as a result of such compromise.

Identity Theft Penalty Enhancement Act
Establishes penalties for aggravated identity theft, among other actions.

Identity Theft Prevention Act of 2005
Protects the integrity and confidentiality of Social Security numbers issued, prohibits the establishment in the Federal Government of any uniform national identifying number, and prohibits Federal agencies from imposing standards for identification of individuals on other agencies or persons.

Internet False Identification Act of 2000
Amends the False Identification Crime Control Act of 1982 to encompass computer-aided false identity crimes. Expands the scope of the fraudulent identification document crime to include document transfer by electronic means.

Privacy Act of 1971
The 1974 Privacy Act was implemented to give individuals more control over the government's collection and use of personal identifying information. Under the act a government agency can collect only information that is relevant and necessary to accomplish the particular agency functions. Federal agencies are also limited in the extent to which they can disclose records. An individual must consent in writing, a court order must be placed, or the disclosure must fall within one of the exceptions provided in the statute. Regarding the usage of social security numbers as an identifier, the Privacy Act requires any federal, state or local government agency to tell you if the number is required, what will be done with it, and what will happen if you refuse to provide it.

Social Security Number Confidentiality Act of 2000
Prohibits displaying social security numbers on unopened checks or other Treasury issued drafts.

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National Conference of State Legislatures: Identity Theft Legislation
Provides links to Identity Theft legislation that is pending or has been enacted from 2002 through 2006.

Prepared Statement of the Federal Trade Commission on Identity Theft
Federal Trade Commission, 2003

Prepared Statement of the Federal Trade Commission on Identity Theft: The FTC'S Response
Federal Trade Commission, 2002

Prepared Statement of the Federal Trade Commission on Identity Theft: The Impact on Seniors
Federal Trade Commission, 2002

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Links from the NCJRS Web site to non-Federal sites do not constitute an endorsement by NCJRS or its sponsors. NCJRS is not responsible for the content or privacy policy of any off-site pages that are referenced, nor does NCJRS guarantee the accuracy, completeness, timeliness, or correct sequencing of information. NCJRS is also not responsible for the use of, or results obtained from the use of, the information. It is the responsibility of the user to evaluate the content and usefulness of information obtained from non-Federal sites.