SENIOR
ASSEMBLY PROPOSAL NO. 30
INTRODUCED
BY ASSEMBLY MEMBER ACOSTA
LEGISLATIVE
COUNSEL'S DIGEST
AP
30: IDENTITY THEFT: PREVENTION.
EXISTING
LAW SPECIFIES CRIMINAL PENALTIES FOR IDENTITY THEFT, AS DEFINED, AND PROVIDES
FOR THE REGULATION OF THE COLLECTION AND DISSEMINATION OF PERSONAL IDENTIFYING
INFORMATION BY BUSINESSES AND GOVERNMENT AGENCIES.
THIS
MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION
THAT WOULD ESTABLISH A COMMISSION TO STUDY THE PROBLEMS OF IDENTITY THEFT AND
THE IMPROPER COLLECTION AMD DISSEMINATION OF PERSONAL IDENTIFYING INFORMATION.
VOTE:
MAJORITY.
AP 30:
RELATING TO IDENTITY THEFT
WHEREAS,
HUNDREDS OF THOUSANDS OF PEOPLE ARE VICTIMIZED EACH YEAR THROUGH THE ILLEGAL USE
OF THEIR PERSONAL IDENTIFYING INFORMATION, COMMONLY REFERRED TO AS
"IDENTITY THEFT"; AND
WHEREAS,
THERE ARE LEGITIMATE REASONS TO COLLECT PERSONAL IDENTIFYING INFORMATION BY
CREDIT REPORTING AGENCIES, FINANCIAL INSTITUTIONS, GOVERNMENT AGENCIES, AND
OTHERS; AND
WHEREAS,
WHILE NO SECURITY MEASURES ARE FOOLPROOF, THE CURRENT MEASURES TO PROTECT
AGAINST THE ILLEGAL DISSEMINATION AND USE OF PERSONAL IDENTIFYING INFORMATION,
SUCH AS REQUIRING ONLY A SOCIAL SECURITY NUMBER OR MOTHER'S MAIDEN NAME, OR
BOTH, VIA TELEPHONE OR COMPUTER, ARE WOEFULLY INADEQUATE; HOW, THEREFORE, BE IT
RESOLVED,
BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR
LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2002 REGULAR SESSION, A MAJORITY
OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE ESTABLISH A
COMMISSION TO STUDY THE PROBLEM OF IDENTITY THEFT, AND TO SUGGEST ALTERNATIVE
LEGISLATION TO ADDRESS THE PROBLEM OF IDENTITY THEFT; AND BE IT FURTHER
RESOLVED,
THAT THE COMMISSION CONSIST OF REPRESENTATIVES FROM THE CREDIT REPORTING
INDUSTRY, CREDIT CARD AND BANKING INDUSTRY, CONSUMER AND CIVIL RIGHTS GROUPS,
LAW ENFORCEMENT, INTERNET SECURITY SPECIALISTS, AND LEGAL SPECIALISTS FAMILIAR
WITH EXISTING STATE AND FEDERAL REGULATION ON THE COLLECTION AND DISSEMINATION
OF PERSONAL IDENTIFYING INFORMATION; AND BE IT FURTHER
RESOLVED,
THAT THE COMMISSION SPECIFICALLY ADDRESS ALL OF THE FOLLOWING:
(A)
THE EFFICACY AND PRACTICALITY OF INCREASING PENALTIES FOR IMPROPER COLLECTION OR
USE, OR BOTH, OF PERSONAL IDENTIFYING INFORMATION.
(B)
THE MEANS OF COORDINATING FEDERAL, STATE, AND LOCAL AUTHORITIES IN MORE
EFFECTIVELY ENFORCING EXISTING LAWS RELATING TO IDENTITY THEFT.
(C)
THE EFFICACY AND PRACTICALITY OF LIMITING THE SCOPE OF INFORMATION COLLECTED BY
VARIOUS INFORMATION COLLECTORS, LIMITING THE SALES OF SUCH INFORMATION,
REQUIRING THE SECURE DESTRUCTION OF PERSONAL IDENTIFYING INFORMATION AS SOON AS
IT IS NO LONGER NEEDED BY THE COLLECTING ENTITY, AND LIMITING THE SCOPE OF
INFORMATION RELEASED BY CREDIT REPORTING AGENCIES AND OTHER CONSUMER INFORMATION
COLLECTORS.
(D)
THE AVAILABILITY OF NEW TECHNOLOGIES AND ENCRYPTIONS TO INCREASE THE SECURITY OF
DATABASES THAT CONTAIN CONSUMER INFORMATION.
(E)
THE EFFICACY AND PRACTICALITY OF REQUIRING THE COLLECTING ENTITY FROM WHICH
CONSUMER INFORMATION IS MISAPPROPRIATED TO INDEMNIFY THE CONSUMER FOR ANY
DAMAGES SUFFERED ON ACCOUNT OF THE FRAUDULENT USE OF THAT INFORMATION; AND BE IT
FURTHER
RESOLVED,
THAT THE SENIOR LEGISLATURE OF THE STATE OF
RESOLVED,
THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE
PRESIDENT PRO TEMPORE OF THE SENATE, AKD THE GOVERNOR OF THE STATE OF
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