Senate Adds Cantwell ID Theft Amendment to Bankruptcy Reform Legislation
Senate Adds Cantwell ID Theft Amendment to Bankruptcy Reform Legislation
Measure allows bankruptcy courts to protect personal information sought by identity thieves
Late last night, the Senate added an amendment to pending bankruptcy reform legislation (S. 256) that will prevent criminals from trolling court filings for personal information such as social security numbers, used to steal unsuspecting victims' identities. Coauthored by Senator Maria Cantwell (D-WA), the measure will protect individuals' privacy by allowing bankruptcy courts to keep certain personal information under sealespecially when filed electronically.
"These provisions will prevent court documents from becoming a treasure trove of data for would-be identity thieves," Cantwell said. "We took a common-sense step forward, by protecting Americans' privacy within the court system."
Cantwell's amendment, filed along with Judiciary Committee Ranking Member Patrick Leahy (D-VT) and Sen. Olympia Snowe (R-ME), gives bankruptcy courts the authority to seal or redact "information that could create undue risk of identity theft or other unlawful injury to the individual or the individual's property." While other federal courts already have latitude to keep this personal information under wraps, bankruptcy courts have lagged behind in protecting citizens' privacy. Personal financial data often must be filed within bankruptcy proceedings to show proof of assets and liabilities. Now that more of these filings are done electronically, this information can be made available to the public almost instantaneously.
The provisions added to the Senate's bankruptcy legislation will allow protection of personal identifiers such as an individual's social security number, birth date, driver's license and passport numbers, taxpayer ID and unique biometric data. The measure will also help victims of domestic violence by allowing the protection of home or employment addresses, where abusive spouses or stalkers have used bankruptcy court filings to later track down their victims.
At the same time the amendment safeguards individuals' personal information, it also preserves the ability of law enforcement and regulators to get access to necessary data.
The Senate is expected to continue debate on bankruptcy reform legislation through Wednesday, March 9.
http://cantwell.senate.gov/news/releases/2005_03_08_idtheft.html