Identity
theft is a widespread and well-known problem.
Eight
years ago, Congress enacted the Identity Theft and Assumption
Deterrence Act, which created the federal crime of identity
theft. The law was targeted toward any "means of identification"
of another person, not distinctively identifiable information.
When
it comes to financial information, there are even more protections
available in the form of the Gramm-Leach-Bliley Act.
The
key to combating identity theft is to protect your privacy.
However, some information must be exchanged in order to
do business.
The
Gramm-Leach-Bliley Act applies to many types of financial
institutions, banks, savings and loans, credit unions, insurance
companies and securities firms. It even includes some retailers
and automobile dealers that collect and share personal information
about consumers to whom they extend or arrange credit.
The
act contains three major components.
1.
- Financial institutions are required to disclose the kind
of information they collect and the types of businesses
to which they may provide that information. This is contained
in their "privacy notice." Anytime you open a
new account with a different financial institution, it must
provide a copy of its privacy notice, and do so annually.
2.
- The company must give you the opportunity to opt out or
say "no" to information sharing under certain
circumstances. Even consumers who aren't technically customers
of a financial institution -- such as former customers or
people who unsuccessfully applied for a loan or credit card
-- have the right to opt out of sharing information with
outside companies.
3.
- Third, the law requires that financial institutions describe
how they'll protect the confidentiality of your information.
In
other words, here's a chance to protect yourself by just
doing a little reading and, in the words of a related campaign,
"just say no."
Unfortunately,
privacy notices tend to be in very small print and not very
appealing to read. Nevertheless, when reading the privacy
notice, look for the following important features:
(1)
The type of information it shares with other parts of the
same company, likely to be described as "members of
our corporate family" or "our affiliates."
(2)
The information it shares with other companies or organizations
that are not part of the same corporate group, perhaps called
"nonaffiliated third parties."
(3)
What information you can prevent your financial institution
from sharing with other companies or organizations.
(4)
How you go about opting out.
While
the regulations say a financial institution isn't required
to list every type of information it may gather or share,
or tell you the names of specific companies or organizations
that may buy or receive your information, the privacy notice
must describe the basic categories of information, and give
examples.
On
the other side, however, the Fair Credit Reporting Act limits
your ability to stop selected information-sharing with affiliates.
For instance:
(1)
The information is needed to help conduct normal business.
(2)
The information is needed to protect against fraud or unauthorized
transactions, or is provided in response to a court order.
(3)
The institution reasonably believes the information is "publicly
available." Publicly available information includes
your name, address and telephone number as they appear in
the telephone book, information about your home mortgage
recorded in county records or information that would be
found on your driver's license. (That's why you shouldn't
put your Social Security number on your driver's license.)
(4)
The information is used as part of a "joint marketing
agreement." That's a situation in which two or more
financial institutions agree to jointly offer, endorse or
sponsor the same products or services.
(5)
An affiliate of the firm may receive any information obtained
from your transactions with that institution. Example: Your
bank can give an affiliated insurance company details about
your deposit accounts.
Even
if you opt out, your bank still would be able to share some
personal information with outside entities in certain circumstances.
However, if you don't opt out at all, your bank can sell
information about you to any business or person.
Each
institution may have its own unique opt-out procedure described
in the instructions that come with your privacy notice.
For example, call a certain telephone number, or complete
a form and mail it to a specific address.
The
rules allow banks to provide a single opt-out notice when
two or more customers have a joint account. If the bank
sends separate notices to two owners of a joint account
and only one of them responds, the bank may continue sharing
the other person's information.
Financial
privacy is important. Thanks to the Gramm-Leach-Bliley Act,
you can have a say in how much of your information financial
institutions may share with other companies.