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June 24, 2008
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State Must Do More to Protect Personal Information
By Senator Dominic Pileggi

When three state computers containing more than 17,800 Social Security numbers were stolen late last year, the potential victims of identity theft were not told about it for up to three weeks.

Government agencies have a responsibility to protect our personal information, and when a data breach occurs – whether by theft or by hacking – these agencies should notify those whose information was compromised as quickly as possible. There is no reason for a state agency to take longer than one week to provide notification.

I have introduced legislation to put a one-week requirement into law. Senate Bill 1266, developed with Attorney General Tom Corbett's office, would also require that data breaches involving government bodies be reported to the Attorney General within three business days – and it would authorize the Attorney General to investigate every breach involving state agencies.

Identity theft is a widespread concern, and citizens rightly expect the government to do everything possible to protect their sensitive personal information. Experts say that the sooner someone knows their identity is at risk, it is easier and less expensive to protect themselves or to recover.

Although an existing state law requires such notice to be made "without unreasonable delay," state agencies are simply taking too long to notify people whose personal information has been compromised.

Last August, two computers were stolen from the Department of Public Welfare's Harrisburg office. In November, burglars made off with a computer from a DPW office in Philadelphia. Those two computers included the personal information of about 375,000 Pennsylvania residents. In both of these incidents, the public was not notified until three weeks after the thefts.

In December, a laptop computer issued to a Department of Aging employee was stolen from a private residence. That computer contained the personal information of more than 20,000 individuals. The public was not notified until nearly two weeks had passed.

When personal information under the control of state government is potentially compromised, two or three weeks is an unreasonable delay. We should not give identity thieves a head start.

There are many degrees of identity theft, some of which are easier to recover from than others. The Identity Theft Resource Center, a nonprofit organization dedicated to the understanding and prevention of identity theft, estimates that victims spend an average of 330 hours – more than nine weeks of full-time work – recovering from the crime. The range of response times is wide, from five hours in less serious cases to more than 5,000 hours.

There are some basic steps everyone can take to help avoid becoming a victim. Attorney General Corbett's web site, www.attorneygeneral.gov, includes an Identity Theft Toolkit which is packed with useful tips.

For example, you should never respond to unsolicited requests for your Social Security number or financial information. And before you throw them away, shred all of your credit card receipts, ATM receipts and any pre-approved credit card offers you receive in the mail.

If you do become a victim of identity theft, it's important to act quickly. You should contact your bank and other financial institutions such as credit card companies, and it is important to register a complaint with the Federal Trade Commission. You can do that by calling the FTC's toll-free Identity Theft Hotline, 1-877-ID-THEFT, or by using a form available online at www.ftc.gov.

Many experts expect the problem of identity theft to continue growing in the years ahead. Senate Bill 1266 has been approved by the Senate Communications and Technology Committee. I hope that it will be enacted swiftly so that we are all better informed – and can take action more quickly – if our personal information is compromised.

Senator Pileggi is the Majority Leader in the Pennsylvania Senate. More information about state issues can be found on his web site, www.senatorpileggi.com.