What can you do to protect and maintain your personal privacy ... what's left of it?
Be public policy conscious and express concerns for more privacy laws to your legislators.
Consumers are the catalyst for urging new legislation to protect personal information in the market place, air ways, and cyberspace. Unfortunately, technology is changing much faster than legislation can be passed. Each individual needs to take time to study the personal privacy problems. Consumers need to express their concerns and support local, state, and federal legislators on privacy laws that will help our nation and world.
Look up and record, in a handy place in the home, your local, state, and federal officials and legislators name, addresses, and phone numbers. Write or call them when you see a need for more privacy legislation in an area that needs it. Get the support from friends and colleagues. Notify legislators when you are in favor or not in favor of legislation being considered on the state and federal levels that will affect everyone's private, personal information.
Past to Current Privacy Legislation
Privacy legislation strives to reduce intrusions, maximize fairness, and assure confidentiality. Some specific federal laws that protect you include:
The 1966 Federal Information Act and the 1974 Privacy Act entitle you to see records the U.S. government keeps on you ... except in cases involving national security and active law-enforcement investigations. Requests for information should be written and your signature notarized. You may be charged a copy fee.
The 1974 Privacy Act also states that no federal agency may give out information without the consent of the person. All federal agencies must meet specific criteria for protecting personal information.
The 1970 Fair Credit Reporting Act protects your right to access your credit file and the right to correct errors and present your side of the disputed information. You may also ask to have credit information sent to your home, explained over the phone, or shown in a personal interview.
If inaccurate information is discovered in your credit file, you may ask the bureau to send a corrected report to anyone who has received an incorrect report over the last six months ... or within the last two years if used for employment purposes. One major credit card bureau estimates that of the one million people per year who ask to see their records, about 350,000 challenge their accuracy and corrections are made in about 100,000 cases. It is estimated that 40 percent of credit bureau files contain inaccurate information.
The Family Educational Rights and Privacy Act gives students over 18 the right to see their own records. The parent's or student's permission is now required before information in school records can be given to outsiders.
The 1975 Equal Credit Opportunity Act basically states that it is illegal to discriminate in granting credit. Banks and other credit grantors cannot deny anyone credit due to age, sex, marital status, religion, race, color, national origin, or receipt of public assistance. All credit grantors are required to explain their denials of credit to customers. The enforcement of this law is handled by the Federal Trade Commission and through private lawsuits.
The 1976 Tax Reform Act limits IRS disclosure of an individual's tax records to unauthorized persons and requires that the IRS inform taxpayers anytime their tax records are requested by a third party.
The 1979 Right to Financial Privacy Act was developed to provide the guidelines and other protective procedures for access to a person's bank account records by federal investigators.
The 1984 Cable Communications Policy Act protects the privacy of a subscriber's records to interactive cable television.
The 1986 Electronic Communications Privacy Act was passed to provide laws to protect consumers' private communications and transactions done by electronic, wire, and telephone means.
The 1988 Video Privacy Protection Act was developed to protect all consumers' information such as preferences and political beliefs while renting videos. This piece of legislation requires a court order before law enforcement officials and other entities can gain access to videocassette rental records.
The 1991 Telephone Consumer Protection Act was created to protect consumers from unwanted telemarketing calls. This law provides a time frame telemarketers can call, and the restrictions on their use of auto-dialers and prerecorded messages.
The 1994 Telemarketing and Consumer Fraud Act helps protect consumers from deceptive and abusive acts and practices of the telemarketing industry.
The 1996 Fair Debt Collection Amendment Act (initially enacted in 1977) basically states that it is illegal for debt collectors to use unfair or deceptive practices to collect overdue bills. It prohibits debt collectors from harassing consumers by repeatedly calling them. Calls must be made during reasonable hours (8 a.m.–9 p.m.) and neighbors and employers cannot be contacted.
The 1997 Fair Credit Reporting Act Amendment gives consumers more power to preserve, protect, and defend their credit records. It states the procedures that need to be followed to correct credit record mistakes. Also, the law states a person's credit record can only be provided for legitimate business needs.
The 1997 Electronic Fund Transfer Act provides protection to the consumer when using debit cards, automated teller machines or any electronic means to debit or credit one's financial account. This law also imposes limits on the liability to the consumer for an unauthorized electronic fund transfer.
The 1998 Children Privacy Protection and Parental Empowerment Act provides a lot of legislation to protect children's personal information from brokers, solicitors, prisoners, and convicted sex offenders, or anyone who is believed would harm or abuse them.
1998 Identity Theft and Assumption Deterrence Act states that it is a federal crime when anyone takes another person's identity and it carries a penalty of up to 15 years in prison. Identity theft violations are investigated by various federal agencies such as the Federal Trade Commission, U.S. Secret Service, Federal Bureau of Investigations, Social Security Administration, and the U.S. Postal Service. Identity theft is prosecuted by the Department of Justice.
Get a copy of your credit report and check for inaccuracies. Checking for inaccuracies on your credit report now will enable you to correct mistakes before they catch up with you, when you are trying to obtain a job, a loan, or insurance.
If you are refused credit, a job, a loan, or an apartment, ask why. When you are turned down for credit, you should receive a letter with the name of the credit bureau that provided the negative credit report. You are entitled to receive a free credit report if you have been turned down for credit within the last 60 days. Also, people who are on welfare, unemployed, or victims of identity theft have the right to get one free credit report per year. Otherwise you can get a credit report for $9 or so.
If you find your file has been mixed up with someone else's, or if you find inaccuracies, write the bureau and explain the error(s). The Bureau is required by law to investigate and re-verify the information within a reasonable period of time, or remove them from your file. Ask that a corrected copy be sent to you.
You can sue the credit bureau if it does not correct the mistakes to your credit report after you have notified them. Credit bureaus must correct mistakes in 30 days. Also, credit bureaus are now legally responsible to share corrections with the other two national credit bureaus.
If you have had one problem in an otherwise good credit history, or are the victim of bad luck, or simply want to tell your side of the story, you can send the Bureau a 100-word letter of explanation. This will be provided to anyone requesting your file, such as a credit grantor or prospective employer.
It is important to remember that any adverse information that is correct cannot be removed from your credit file for seven years (bankruptcies for 10 years). Also, most creditors report to the bureaus every month, not just when a transgression occurs. So, using credit responsibly is very important.
When contacting a credit reporting company for a credit report, you may be asked to provide personal information such as your social security number and date of birth. It is best to contact the credit bureaus by phone or Internet to find out all the information you need in order to send in your credit report.
The three major credit reporting systems and their addresses are:
Equifax Information Service Center: $9 per report Attention: Consumer Department P.O. Box 105873 Atlanta, GA 30348 Phone: (800) 685-1111 http://www.Equifax.com
Experian (formerly TRW): $9 per report Consumer Assistance P.O. Box 2104 Allan, TX 75013-2104 Phone: (888) 397-3742 P.O. Box 949 (if have been denied credit) http://www.experian.com
Trans Union LLC: $9 per report Consumer Disclosure Center P.O. Box 1000 Chester, PA 19022 Phone: (800) 888-4213 http://www.transunion.com
Request to have your name removed from credit bureau mailing lists. Credit bureaus sell mailing lists to banks and insurance companies for marketing purposes, such as pre-approved credit card offers or insurance offers. You can call to get off these lists for two years or you can complete a form for the permanent opt-out service. When you call one of the three credit bureaus, your name will be removed from the lists of the other two bureaus.
To get off the credit bureaus mailing lists call one of these three credit bureaus special phone numbers:
Trans Union: (888) 567-8688 Equifax: (800) 567-8688 (uses Trans Union's name in greeting) Experian: (800) 353-0809
Request your credit card companies, banks, stores you shop at regularly, phone and other utility companies to not sell or share your personal information. The types of personal information they could be sharing or selling are your name, address, phone number, credit report, credit applications, and much more. They may share personal information to their affiliates or elsewhere. To contact these companies and banks, utilize their local number or 800 numbers available on monthly banking or billing statements you receive.
Check Your Social Security Personal Earnings and Benefit Estimate Statement.
If you are still employed, call the Social Security Administration about once every three years to order a free copy of your Social Security Personal Earning and Benefit Estimate Statement. Review it carefully to check for accuracy. You should request the report more frequently if you are a victim of identity theft. The Social Security Administration toll free phone number is (800) 772-1213 and their Web site is www.ssa.gov. Be sure to call the Social Security Administration back if you find any errors or unusual activity recorded on the free statement you review.
Contact The Mail Preference Service. The Direct Marketing Association (DMA) offers a companion mail preference service, which takes you off of mailing lists for many products and services. It will notify members who participate in its mail preferences service not to contact you.
If consumers wish to call the DMA for further information, call (212) 768-7277.
However, you must request in writing, to have your name and address removed from their mailing lists.
Write: DMA Mail Preference Service P.O. Box 9008 Farmingdale, NY 11735-9008
Contact organizations directly which have you on their mailing list and ask to have your name and address removed. Not all local retailers or direct marketers are members of the DMA. Also, the DMA will not contact your charitable organizations about your request for removal from their mailing lists. So you will need to contact these other organizations to let them know your wishes for privacy.
A sample letter: Dear Madam or Sir:
I have attached a mailing label from one of your recent (publications/catalogues/etc.) which I did not request, and will not use.
Please remove my name from your mailing list to save you the time, effort, and cost of sending me future ( publications/catalogs/etc.) from your (organization/company).
Thank you for your consideration.
If you think you are being investigated by a federal agency or believe the agency has a file on you, submit a freedom of information act (FOIA) request asking to see the file.
Be sure to shred or tear up all outdated or unwanted important documents, records, and personal information.
Whether you purchase an electric shredder or you tear up your important papers, be sure you do this on a regular basis for items like canceled checks, pay check stubs, old income tax papers, and any papers with your social security number, credit card numbers, business account numbers, your name, birth date, mother's maiden name, or license number.
Contact Telephone Preference Service (TPS). The Telephone Preference Service is sponsored by the Direct Marketing Association. By notifying TPS that you do not wish to receive telemarketing calls, your name will be removed from the lists of DMA members who participate in the service.
For Direct Marketing Association members, this service is a business tool: for all telemarketers combined, 3 percent of consumers contacted appreciated the calls, while 80 percent do not. The Telephone Preference Service helps DMA members reach only those consumers who want their offers.
Write: DMA Telephone Preference Service P.O. Box 9014 Farmingdale, NY 11735-9014
Protect your privacy on the telephone. Answering machines: A "low-tech" version of Caller ID is the more familiar answering machine. If phone calls at home are becoming intrusive, an answering machine can be used to screen calls, and may be a worthwhile investment for you.
Cellular and cordless phones and baby monitors: Cellular and cordless phone conversations are easily monitored ... both intentionally and unintentionally. Be careful that you don't conduct confidential conversations on a cellular/cordless phone. Never give your Social Security number or credit card number or sensitive information over a cellular phone.
Caller ID: This phone feature flashes the caller's number and or name on a video display on your phone. If you don't recognize a number, you have the choice of answering or not. However, when you call a business that uses Caller ID, the company may record your phone number and contact you anytime or give your number to telemarketers.
Phone *67: If you don't want your own number revealed to those you call, just dial through an operator or public phone. You can also press *67 before dialing, to block your number.
Phone privacy managed by local phone provider: A phone company utilizes Caller ID to capture any call that comes to your home that has a private, unavailable, or blocked number. There is a recording asking the caller to provide their name and then the caller's voice is played back for you. This will help you decide if you want to take the call or not. If the caller won't provide their name, your phone will not ring. If you recognize the caller as a telemarketer you can push one button on your phone and a recording is played back to the caller asking them to remove your and number form their call list.
The University of Illinois Extension cannot promote one service provider over another, but it is important that consumers are given the information that such a service is available.
Ask telemarketers to place your name and number on their "do not call list." Maintain a list of all of the telemarketers who called and whom you asked to remove your name and number, along with the date and time they called. If the telemarketer calls again, tell them you are reporting them to the Federal Trade Commission (FTC). It is illegal for telemarketers to call consumers after they have been asked to place their name and number on a "do not call list." The FTC's consumer response center phone number is (202) 382-4357.
Note: It is illegal for a telemarketer or a debt collector to call you before 8 a.m. and after 9 p.m.
Ask to opt out of marketing programs run by companies that provide 800, 888, and 900 numbers.
Many 800, 888, and 900 number switchboards have the capacity to capture your number by using an Automatic Number Identification (ANI) and matching it to your name and address to create customer lists. It is important for you to register your desire to either participate in or opt out of these marketing programs that use lists provided by companies you contact.
If you make an 800 or 900 number call, make it from a public phone or dial through an operator to protect your privacy or push *67 on your phone.
Write the Medical Information Bureau (MIB) for your non-medical file. Perhaps even more sensitive than credit records are your medical records. The Medical Information Bureau (MIB) is a nonprofit organization and maintains a data bank of medical information for more than 750 insurance companies.
They collect health-related data on consumers from insurance companies and then share this information to all these insurance groups. The insurance companies use this information to help process potential insurance applicants, However, this is not the only information the insurance companies use to determine who gets approved for health insurance coverage. Also, MIB shares this information to help detect and curb fraud on the insurers and their policyholders.
Both medical and non-medical information is collected by MIB, including the risk of insuring you. To obtain a copy of the non-medical section of your file, write: Medical Information Bureau P.O. Box 105, Essex Station Boston, MA 02112
You may also call them at (617) 426-3660.
Write the Medical Information Bureau (MIB) for your medical section and inspect your medical records for accuracy. To obtain a copy of the medical section of your file from MIB, you can ask that it be sent to your primary physician, who should agree in advance to receive it and forward it to you. Then you, (and your physician) should go over these records to check for accuracy. It is wise to have your physician to go over the files with you. Also, contact your other physicians in writing or fill out their permission forms to obtain a copy of your medical file. You can also check these files for accuracy. If you find any errors, have the appropriate physician correct them and have them send a copy to you and MIB.
It is a good idea to periodically review your medical records with your primary physician(s), to ensure the record's accuracy and completeness. Inaccurate or incomplete information could jeopardize your health or life in an emergency situation. Or, if inaccurate medical information is shared with employers or insurers, it could lead to loss of work or insurance opportunity.
Take steps to keep medical records confidential. Ask the doctor to report only what your insurance company needs to know. Whenever possible, have your own doctor perform physicals and tests.
Ask that test laboratories not release your results over the phone. Consider having AIDS tests (and other sensitive procedures) done at an "anonymous" clinic where code numbers replace names.
For more information on the subject of protecting your medical records access this web page: http://www.ianr.unl.edu/pubs/consumered/g1368.htm. At this web site you will find a lot of resources including an article entitled Medical Record Privacy authored by Dr. Mary Ellen Rider, Consumer Health Policy Extension Specialist from the University of Nebraska. She researched this topic in depth. This article has some other excellent ideas to consider in proactively protecting your medical information.
Check carefully who has access to information you provide in incentive, rebate and warranty programs. Rebate and Other Incentive Programs: If you are thinking about joining such a program, be sure to ask how the information you give on the application (including purchasing habits) is used. Some supermarkets and retailers use it to create prospect lists which are then sold to marketers.
While you will have to put down your name, address, and phone number, you may not want to provide additional information requested about your family size, income, or buying habits. You may leave these portions blank, and ask about participating in the incentive program but opting out of the marketing process.
Warranties: It is very important to submit the warranty cards accompanying products. Businesses and manufacturers use these to notify you about product warnings and recalls and registers you as the owner of the product.
Your options here are the same as in the incentive and rebate programs. You may leave blank those questions you feel are unnecessary or intrusive, and request in writing to opt out of any current or future marketing process.
Be sure you read disclosures before you sign anything.
Don't give any more information than necessary. The simplest thing you can do to protect your privacy is to get in the habit of saying "No" to telemarketers you're not familiar with, to those who want more information then you feel is necessary to complete the business at hand, and to those who refuse to send you follow-up explanatory materials.
Be aware that signing up for contests and give-aways usually lands you on a multitude of sales lists.
Never give your credit card number and/or expiration date over the phone unless you initiated the call, or are completing a transaction with a known vendor. Never give your credit card (or Social Security) number over the phone for identification purposes.
You are legally required to give out your social security number only in a few instances. Don't answer questions that seem irrelevant. For example, you may refuse to give your phone number when making a credit card purchase, or family and income information when filling out a warranty card.
Realize that when you respond to telephone or door-to-door surveys, the information will go into a data bank. The only federal survey that most persons are legally obliged to answer in the U.S. Census.
Ask your bank to sign an agreement that it will not release information about your accounts to anyone lacking legal authorization. It should state that in the event of legal authorization, the bank will notify you within two days.
Take steps to prevent "identity theft." Not only is identity theft an invasion of your privacy, it is actuallly assuming your identity. Using a variety of criminal methods, criminals steal Social Security numbers, and the numbers of credit cards, drivers licenses, ATM cards, telephone calling cards and other key pieces of an individual's identity. Using this information, they can charge your credit cards to the max, open new charge accounts, buy a new car and wipe out your children's college savings accounts before looking for another victim.
To reduce access to your personal data: "Never carry your Social Security number, birth certificate or your passport with you. "Remove your name from mailing and calling lists; don't sign up for "freebies" or contests. Don't buy from telemarketers who call you. "Reduce the number of credit cards in your name; lower the limits to no more than you normally use; cut up old cards before discarding; reconcile balances each month; destroy all offers for credit cards you don't want; don't "loan" your card to anyone, and don't keep cards in your wallet. Keep them in a separate, safe place. "Follow the other suggestions on this fact sheet.
If you are a victim of identity theft, report the theft to the police and get their guidance.
Do the following:
Contact all creditors and official departments (drivers license bureaus, social security department, etc.) to notify them of the theft.
Be sure to cancel all credit cards and calling cards. Get new credit cards and calling cards with new account numbers.
Obtain new identification cards with a new picture and new numbers if possible.
You may need to hire a lawyer to help you out with the legal aspects.
Contact the Privacy Rights Clearinghouse web site for more information and resources: http://www.privacyrights.org.
Protect your privacy at work. It is legal for an employer to rifle through your desk drawers and wastebasket, videotape you without your knowledge, read electronic mail and computer files addressed solely to you and eavesdrop on your phone calls. Therefore, keep your computer, e-mail, and Internet bookmarks or favorite files squeaky clean. Don't send a message you wouldn't want posted on the bulletin board. Don't use an obvious password. Don't tell co-workers about your medical history and be cautious about company sponsored counseling services as employers can see this information in a variety of ways.
Check for the type of security and privacy policies on the Internet before handling financial transactions and personal information. Be aware that every time you visit a web site to shop or gather information you are giving information about yourself. Often sites automatically collect your name, e-mail address, service provider and location. It is possible to construct a detailed profile of online users by examining their usage patterns. By matching this information with a consumer's name, address or phone number, a powerful marketing database is created that is highly sought after by companies marketing products to a targeted group of consumers.
The Federal Trade Commission announced to Congress that 87 percent of the online retail web sites gather personal data about the consumers who visit their web page. But only 13 percent place a notice on the site for consumers to read about their data gathering practices.
Keep in mind the following tips to help ensure a safe and secure retail, bank, or investment experience:
Make sure the online business computer uses a secure browser software which is used to navigate the Internet. The industry security standards recommend either an SSL (Security Sockets Layer), SET (Secure Electronic Transaction) or KIVA. These encryption technologies secure your transactions. Basically, the encryption scrambles the data so hackers can't read it. See if they are explaining their security measures on the Web site or call or e-mail to request printed information.
Make sure your own computer has a secure browser.
Shop, bank, or invest with reputable and established businesses. If you are not familiar with the company, don't make transactions until you research them. Ask the company for a paper catalog or brochure to be sent to you so you can learn more about them. The more you know about a company, the less of a chance you will be a victim of consumer fraud.
If you have never shopped the Internet before, start with a purchase that will not take too much time or risk. Consumers need to get familiar with this type of purchasing.
When making a money transaction, be sure the business issues on your computer screen show a picture indicating a secure system. A picture on the screen of an unbroken key, a closed lock, or the Web address that begins with "https" means the transaction is secure. If you are in doubt that your transaction will be secure, do not send it.
When participating in online auction house purchases, pay by credit card or buy from a seller who would hold the money in escrow until you check the auctioned item out for condition.
Keep your computer passwords private and creative. It is recommended you use a combination of letters, numbers, and symbols. Never use familiar numbers like birth dates, telephone number, or a portion of your social security number.
Payments should be made by credit card when buying online since your transaction will be protected by the Fair Credit Billing Act. Consumers can dispute credit card charges under certain circumstances, such as if the purchase was not theirs. Consumers then withhold their payment temporarily while the credit card company investigates the charge. If you notify the credit card company in a certain amount of time, you may not be liable for anything or for no more than the first $50 in charges. Check your credit card company for their policies for unauthorized card use and other additional warranty or purchase protection benefits.
Keep track of your online purchases by: being careful that the information you submit is accurate when placing your order, print out a copy of your order, get a confirmation number for your records, and note the company's shipping time frame. The merchandise you buy online must be delivered in 30 days and if there are any delays the company must notify you. Your online purchases are protected by the same Federal Mail or Telephone Order Merchandise Rule.
Before signing up for the "pay your bills online service," be sure to evaluate how the company secures your financial and personal information.
Never send sensitive or personal information over the Web, Internet, or e-mail unless you know who is collecting it and even then watch out! You never know how the "other side" may use this information
Check out the company's online privacy policy, what information is being taken on the Web site about you and how is it being used. If it is not readily available on the Web site, get their e-mail address, regular address, or phone number so you can request this information. Be wary of those who use "anonymous" and a post office box rather than a street address.
For more information on charitable contributions by phone and
