Consumer Report Security Freeze Legislation
2002 Session
March 8, 2005
Enactments noted in italcis
| State: |
Bill Summary: |
| California |
A.C.R. 222
Requests the Department of Consumer Affairs, the Controller, and the Teale Data Center, to take preventive measures on behalf of all 250,000 state employees by assuming responsibility, and taking the necessary precautionary steps, to ensure that there is no unauthorized use of personal information that may have been accessed due to the security breach that occurred in mid-April 2002, including contacting credit bureaus and the Social Security Administration to place fraud alerts on the records of affected state employees. |
| |
S.B. 1730
Chaptered by secretary of state 9/22/02, Chapter 786
Exempts from the security freeze requirements the use of a consumer credit report by any person or entity administering a credit file monitoring subscription service to which the consumer has subscribed or by any person or entity for the purpose of providing a consumer with a copy of his or her credit report upon the consumer's request. Exempts a fraud prevention services company from the requirement to place a security alert or a security freeze in a credit report, as specified. |
| Illinois |
H.B. 5582
Creates the Personal Information Protection Act. Requires credit reporting agencies to accept security alerts from consumers via a toll-free telephone number, and allows a consumer to request a reporting agency to impose a security freeze on release of any information from his or her file. Requires a consumer credit reporting agency to place a security alert in a consumer credit report within 72 hours after receiving a request to do so and to notify persons using consumer credit reports of the existence of a security alert. Provides for the security alert to remain in effect for at least 90 days and that a consumer may renew it. Requires a consumer credit reporting agency to place a security freeze on a consumer credit report within 72 hours after receiving a request to do so in writing and prohibits the release of information from a consumer credit report while the freeze is in place. Prohibits any person or entity or state or local agency, as of July 1, 2003, from using an individual's Social Security number in certain ways, including posting it publicly or requiring it for access to products or services. |
| |
S.B. 2031
Creates the Personal Information Protection Act. Requires credit reporting agencies to accept security alerts from consumers via a toll-free telephone number, and allows a consumer to request a reporting agency to impose a security freeze on release of any information from his or her file. Requires a consumer credit reporting agency to place a security alert in a consumer credit report within 72 hours after receiving a request to do so and to notify persons using consumer credit reports of the existence of a security alert. Provides for the security alert to remain in effect for at least 90 days and that a consumer may renew it. Requires a consumer credit reporting agency to place a security freeze on a consumer credit report within 72 hours after receiving a request to do so in writing and prohibits the release of information from a consumer credit report while the freeze is in place. |
| New Jersey |
S.B. 1533
Supplements the “New Jersey Fair Credit Reporting Act,” (C.56:11-28 et seq.) to permit consumers to place security alerts, as defined, upon their consumer reports by making a request in writing or by telephone to a consumer credit reporting agency. Requires a consumer reporting agency to provide a toll-free telephone number to accept security alerts from consumers at all times. In addition, a consumer reporting agency is mandated to notify each person requesting consumer credit information with respect to a consumer of the existence of a security alert in the report of that consumer. The security alert shall be in place for at least 90 days, and a consumer has the right to request a renewal of the alert. Requires that a consumer reporting agency place a security freeze, as defined, on a consumer credit report within five business days of receiving a request to do so in writing by certified mail, and prohibits the release of information from the report while the freeze is in place, except as provided. Requires a consumer reporting agency to provide a consumer an identification number to be used for temporarily lifting a freeze upon a consumer credit report or authorizing the subsequent release of information from a consumer credit report that is subject to a security freeze. Stipulates that a security freeze shall remain in place until either the consumer requests to have the security freeze removed, or upon discovery by the consumer reporting agency that the consumer's credit report was frozen due to a material misrepresentation by the consumer. Also, if a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other benefit, and the consumer does not allow the report to be accessed, the third party may treat the application as incomplete. Provides that when a security alert or freeze is in place, a consumer reporting agency shall not modify any of the consumer's basic identifying information in the report without sending a written confirmation of the change to the consumer, including, in the case of an address change, a written confirmation sent to both the new and the former address. Permits a consumer reporting agency to charge a reasonable fee to freeze, remove a freeze, or temporarily lift a freeze regarding access to a consumer credit report. |
NCSL Staff Contact: Heather Morton, (303) 364-7700, Denver
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