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PANEL DISCUSSION

PANEL DISCUSSION. HALL FALL SEMINAR – IDENTITY THEFT LAURA B HERNANDEZ PUBLIC RECORDS PRODUCT SPECIALIST NOVEMBER 10, 2008. Agenda. Brief introduction FCRA (Fair Credit Reporting Act) GLBA (Gramm Leach Bliley Act) DPPA (Driver’s Privacy Protection Act) Panel Discussion.

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PANEL DISCUSSION

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  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. 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 – Two Kinds of Public Records 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. Use the right kind of public records for the research purpose. • 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.

  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. 6801 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 1994. 18 U.S.C. 2721 et seq. • States enacted additional DPPA protections.

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

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