Identity Theft in the Workplace  -  Employer Liability

State and Federal Laws

State and Federal Laws mandate that employers take the necessary steps to protect the non-public information (NPI) they collect.  The laws further require employers to monitor the compliance efforts of their service providers who have access to their data, premises and vehicles transporting data to ensure they are also taking reasonable measures to protect the employers NPI.

Secure Your Data Trail

Employees and service providers are the weakest links in protecting and securing your data.  Data breaches cost companies an average of $5 million per incident in direct costs according to a recent study by the Ponemon Institute. Business reputations are on the line when faced with a data breach and victims often cut ties with the companies that compromised their private information.

Employees may bring class-action suits against employers

Employees may  bring class-action suits against employers for actual and punitive damages. In addition, federal fines of up to $2,500 per employee, and state fines of up to $1,000 per employee also may be levied due to a new provision of the Fair and Accurate Credit Transactions Act (FACTA) which recently took effect. It states that any employer whose action or inaction results in the loss of employee information can be fined by federal and state government, and sued in civil court.

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Identity Theft Protection As An Employee Benefit

One solution that provides an affirmative defense against potential fines, fees, and lawsuits relating to identity theft in the workplace is to offer some sort of identity theft protection as an employee benefit. An employer can choose whether or not to pay for this benefit. The key is to make the protection available, and have a mandatory employee meeting on identity theft and the protection you are making available, similar to what most employers do for health insurance.

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odds for mexican five card stud - NPIComply Newsletter

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odds for mexican five card stud - Identity Theft Regulations

  1. FACT Act (FACTA)
  2. Red Flag Rules
  3. GLB Act  (Gramm Leach Bliley)

Who must comply:
You are considered a financial institution under these laws if you use consumer reports or provide credit, or use third party financing, or accept credit cards or:

  1. Employ one or more persons
  2. Store Consumer Reports
  3. Conduct Credit Checks
  4. Use, gather or obtain NPI for any purpose

“The FTC will act against employers who fail to protect the non-public information they collect”
….Betsy Broder
 Federal Trade Commission

“It’s too easy to get to data no matter what the key is, from insiders, hackers, or mistakes”
….Jody Westby,
Head of Security
Price Waterhouse Coopers, LLC
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