Fact Sheet 4a"Shine the Light" on Marketers: Find Out How They Know Your Name
These days you realize that it is no coincidence
that junk mail and solicitations come tailored to your individual
interests. What you may be in the dark about is whether it is your
magazine subscription, gym, or bank that is responsible for sharing your
information with other companies.
If you are a California resident, the "Shine the
Light" law, implemented January 1, 2005, requires businesses to tell
you with whom they have shared your information. (CA Civil Code 1798.83) Read our guide to find how who has accessed your personal information and how to opt-out of of future sharing. You can also learn what rights you have if a business refuses to disclose the source of the information they have on you.
California adopted the first data security breach notification law, codified at Cal. Civ. Code Section 1798.80 et seq., effective July 1, 2003. nearly 40 other states have since adopted similar laws modeled after, but not the same as, the California law. Presently pending in Congress are several bills that would adopt a variant of the California model on a nationwide basis, including the Notification of Risk to Personal Data Act of 2007, S.239 (introduced January 10, 2007).
Two easily identifiable problems with the increased use of background checks are the potential for errors and past mistakes haunting people for far too long. But, in addition to these problems, there are societal concerns about lack of privacy, ceding judgment to a computer database, and potential over-reliance on a person’s past behavior.
Criminal identity theft occurs when an imposter gives another person’s name and personal information, such as a Social Security number, driver’s license number, and date of birth, to a law enforcement officer upon arrest or during an investigation. Or the imposter may give to law enforcement a counterfeit driver’s license or identification card containing another person’s information. Read Beth Given's presentation at the Identity Theft Summit in 2005.
The Privacy Rights Clearinghouse (PRC) is please to write in support of the Department’s continuing efforts to protect California consumers from adverse insurance decisions based on error ridden claims history reports. A steady stream of consumer complaints filed with the Department as well as the PRC’s experience with consumer concerns make further action by the Department both justified and necessary.
Lawyers often engage private investigators for sensitive assignments, such as conducting surveillance, obtaining admissions, and finding assets. Many lawyers do not know how investigators perform their work; other lawyers do not want to know. However, ignorance may not be bliss for California lawyers and investigators. In fact, it can be dangerous.
