Bill No.: SF0053                     Drafter:  LGC

LSO No.:   07LSO-0063                 Effective Date:  7/1/2007

Enrolled Act No.:    SEA0076

Chapter No.:         <chptnum>

Prime Sponsor:       Senator Case

Catch Title:         Credit freeze reports.

Subject:   Provides protections for consumers affected by breaches of consumer information databases.

Summary/Major Elements:

Breach of consumer information databases:

· The act creates a new program for protection of consumers affected by breaches of consumer information databases. 

· An individual or commercial entity that owns or licenses computerized data which includes personal identifying information must conduct an investigation, upon learning of a security breach, of the likelihood that the information has been or will be misused. If that is reasonably likely to occur, the entity must give notice to the affected Wyoming consumer as expeditiously as possible consistent with the needs of law enforcement. 

· An entity that maintains notification procedures consistent with federal law is deemed to be in compliance with the act. 

· The act specifies how notification can occur, including notice through posting on the internet, through media outlets, written or electronic.  Notification must include a toll-free number for consumers to contact the entity and credit reporting agencies. 

· The attorney general is authorized to enforce the provisions of the notification requirements.

Security freezes:

· The act permits consumers to place a security freeze on their credit reports. 

· If a security freeze is in place a consumer reporting agency may not release a consumer's credit report or information derived from the credit report to any third party that intends to use the information to determine eligibility for credit or the opening of a new account without prior authorization from the consumer. 

· The freeze must go into effect within five days of the consumer's request and the consumer reporting agency must give the consumer a PIN number to provide authorization for lifting or removing the freeze. 

· The act provides specific time and process requirements for temporary lifting and permanent removal of a freeze.  After September 1, 2008, a freeze must be temporarily lifted within fifteen minutes of a request by a consumer. 

· The freeze does not apply to credit report requests permitted under federal law, reviews for account maintenance, collection of obligations owed and for parties already owed a financial obligation from the consumer.  The freeze does not prohibit the sharing of consumer information for purposes other than obtaining credit. 

· The act allows a consumer reporting agency to charge no more than ten dollars for placing, lifting or removing a freeze unless the consumer is a victim of identity theft. 

· If a report is subject to a freeze, a consumer reporting agency must notify a consumer if it makes any changes to the information in the report concerning the consumer's name, date of birth, social security number or address. 

· The act provides for notification to the consumer of any intentional or negligent violation of the freeze and provides penalties for failure to provide that notification.

Factual declarations of innocence:

· The act allows a person who reasonably believes he is the victim of identity theft to petition a court for a factual declaration of innocence. 

· The Supreme Court shall develop a form for this declaration. 

· The attorney general shall develop and maintain a database of individuals who have been victims of identity theft and have received factual declarations of innocence which shall be accessible through a toll-free number.

Comments:

• Final action on this bill was not taken at the time this summary was prepared.  Should changes be made to the bill upon final passage an updated summary will be transmitted to all legislators.