McDonough-Sponsored ID Theft Legislation Passes Assembly

Legislation would further protect consumer identification data

Assemblyman David G. McDonough (R,C,I-Merrick) today announced that five identity theft protection bills that he sponsored have passed the Assembly. The legislation increases consumers’ abilities to avoid becoming identity theft victims. The measures also provide past identity theft victims with ways to deter becoming repeat victims. The legislation was sent to the state Senate for consideration.

“As criminals adapt to new technologies and types of crime, the Legislature needs to make the necessary changes in the state laws that protect individuals from becoming the victims of identity theft,” said McDonough, the ranking minority member on the Assembly Consumer Affairs Committee. “And if they have already been victims of identity theft, provide them with a way of limiting the damage and restoring their credit rating.”

The legislation would:

  • Allow consumers who are or fear becoming identity theft victims to eliminate access to their personal information by placing a freeze on their credit reports.
  • Prohibit individuals or businesses from filing with state agencies, departments or political subdivisions any personal identifying information that is irrelevant or unnecessary to accomplish the filing.
  • Require proper disposal of records containing personal information by shredding, destruction, modification or other reasonable actions that eliminate unauthorized access to the information.
  • Limit use and disclosure of Social Security numbers by prohibiting intentional communication of numbers to the public, banning businesses from printing the numbers on mailings, cards and tags required to access products, services or benefits, and forbidding businesses from requiring transmission of unencrypted numbers over the Internet. The legislation also requires businesses to implement safeguards and limit unnecessary employee access to Social Security numbers.
  • Establish an identity theft prevention and mitigation unit within the Consumer Protection Board and a Task Force on Identity Security, as well as require law enforcement agencies to take identity theft complaints and issue reports.