A point solution in a broad space
'Net Insider
By
Scott Bradner
,
Network World
, 06/13/2005
- Share/Email
- Tweet This
- Print
On June 1, Part 682 of Title 16 of the U.S. Code of Federal Regulations went into effect. These rules concern the disposal of consumer report information and records.They eloquently demonstrate
the inability of lawmakers to craft general solutions to general problems.
The rules require that anyone who has a consumer report about someone to properly dispose of the paper or electronic records
when done with them. This means "burning, pulverizing or shredding of papers" and the "destruction or erasure of electronic
media." The term "consumer report" used in the rules is defined in the Fair Credit Reporting Act and means "any written, oral,
or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit
standing, credit capacity, character, general reputation, personal characteristics, or mode of living" to be used to determine
credit or for employment background checks.
The disposal rules are part of the Fair and Accurate Transaction Act of 2003. This 61-page act covers a lot of good stuff, including your right to get free copies of your credit reports; the right to
add a fraud alert in your record at the credit reporting agencies (to prevent credit being extended to you without your specific
OK); truncating credit card and Social Security numbers on printed materials; and your rights when trying to correct information
held by the credit reporting companies. It also spends a lot of pages trying to preempt ways that the credit reporting industry
might try to get around obeying the law.
What the Fair Credit Reporting Act and the Fair and Accurate Transaction Act lack are any overarching principles. Such a principle
might be that an individual could opt out of having any credit report-like information shared about themselves, unless the
distribution is in conjunction with a legally constituted law enforcement or terrorism investigation. If I'm not trying to
get additional credit cards or loans I should be able to just say "no." Instead the laws focus on particular details, missing
many that will have to be patched later.
For example, the disposal rules only apply to "consumer information," which means "any record about an individual . . . that
is a credit report or is derived from a credit report" and ignores any requirement to properly dispose of other information
that a business may hold about individuals. It would have been easy for Congress to stop the definition of consumer information
after "record about an individual" - but that would have been far too pro-consumer.
Comment