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 CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

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 CALIFORNIA .

 

RN0215036

- 0 -