Our Thoughts on the ID Theft Victim Bill of Rights

Last month, the Santa Fe Group, a financial services consulting firm, released what it is calling the Identity Theft Bill of Rights. This “call to action” aims for consistent processes for handling identity crime incidents, as well as amendments to privacy legislation and regulation.

Any initiative to help consumers avoid the bureaucratic frustration they face while trying to resolve the crime is welcome news – especially with identity theft on the rise! But this one attempts to tackle too many items in what is a very complex issue. From addressing the consistent handling of identity crime issues, to tackling legislation — both are enormous challenges that are being dealt with every day – by the financial industry, academia, nonprofits, federal agencies, as well as lawmakers.

Along those lines, the report recommends creating a new privacy agency or expanding the authority of the FTC. It’s not clear how a new agency or a souped up FTC could mediate among the many federal agencies – civilian and military – that already have a finger in the pie. Never mind all the state agencies and laws dealing with, personal information, identification documents and law enforcement.

Perhaps a better approach is empirical research to determine how well identity theft laws are working. The fraud alert and police report provisions of FACTA would be a great place to start. From there, legislators can model new laws on laws that work.

Again, while the efforts of the Santa Fe Group are commendable, it seems more of an attempt at “thought leadership” than an actionable blue print.

What do you all think about the Identity Theft “Bill of Rights”? We welcome all comments and feedback.