Identity Protection Laws

If you have ever been a victim of identity theft, you know the devastating effects this crime can have on the personal and financial lives of its victims. Several federal laws do exist, however, to help protect your identity either by directly addressing the crime of identity theft or by controlling the conditions that can lead to that crime. The following chronological survey of these laws is indebted to Sara R. Paul's research into identity protection laws prior to 2006 and to Elliot D. Ostrove, John J. O'Reilly and Wendy Johnson Lario's review of the 2008 Identity Theft and Restitution Act.

Privacy Act of 1974

The Privacy Act of 1974 limits the government's power to collect and use your personal information. The law allows federal agencies to collect only information about you that is directly relevant to the agency's goals, and it establishes specific disclosure provisions for releasing your information. The Privacy Act of 1974 also limits the government's use of Social Security numbers in personal identification.

False Identification Crime Control Act of 1982

The False Identification Crime Control Act of 1982 focuses on controlling the fraudulent use of identification documents by instituting fines or prison sentences for perpetrators of this crime. A 2009 Supreme Court decision, as reported in "The New York Times," limits the use of this law in cases involving illegal aliens.

Identity Theft and Assumption Deterrence Act of 1998

The Identity Theft and Assumption Deterrence Act of 1998 classifies identity theft as a federal crime. It charges the Federal Trade Commission with the responsibility for receiving complaints and with providing public education about the crime.

Internet False Identification Act of 2000

The 2000 Internet False Identification Act adds electronic documents to the types of information covered by the False Identification Crime Control Act. If you are a victim of identity theft through the Internet, this law assists you in prosecuting those who commit this crime.

Fair and Accurate Credit Transactions Act of 2003

The Fair and Accurate Credit Transactions Act of 2003 adds identity theft protection to the 1970 Fair Credit Reporting Act. Focusing on credit bureau data, the law allows you to eliminate inaccurate data from credit reports and to set fraud alerts on those reports when you become a victim of identity theft.

Identity Theft Penalty Enhancement Act of 2004

The Identity Theft Penalty Enhancement Act of 2004 focuses on the issue of aggravated identity theft--cases in which identity theft becomes a preliminary step to a more serious crime. This law establishes the penalties for these cases.

Identity Theft and Restitution Act of 2008

The Identity Theft and Restitution Act of 2008 amends an earlier law, the 1984 the Computer Fraud and Abuse Act, by reducing the requirements for prosecuting individuals charged with identity theft. It eliminates the financial and jurisdictional requirements of the previous law and increases the restitution amounts available to you as a victim. By making it easier to prosecute those who steal your identity, the Identity Theft and Restitution Act of 2008 has the potential to become a significant recourse for identity theft victims throughout the United States.