Trial lawyers know how valuable witness testimony is to the success of their client's case. Proposed privacy legislation is threatening the attorney's ability to locate witnesses, judgment debtors, co-workers, and physical assets in a cost-effective time and manner.

One proposed bill will make it illegal to sell or have possession of personal identifiers (Social Security number, dates of birth, driver license numbers), the means by which electronic databases distinguish between individuals with similar names, addresses, or dates of birth.

Growing concerns about identity theft are fueling legislative efforts to curtail access to the aforementioned personal identifiers. Data breaches at banks, retailers, and even government agencies are sparking a bipartisan effort to cultivate political favor with constituents, who are (rightfully) concerned about the potential financial losses an identity theft case might create.

Another bill would require that entities holding "personal information" take measures to "secure" it and to notify customers (or clients) in the case of a "breach." The broad definition could be construed to include private investigators and law firms that maintain files with the personal identifiers of their clients.

Imagine the consternation that might arise from a "breach" of ... Read More 

Three major privacy bills were introduced in the US Senate yesterday. After a very slow start to the year on privacy legislation, publicity over recent data breaches has energized legislators.

Senator Mark Pryor (D-AR), Chairman of the Subcommittee on Consumer Protection, Product Safety and Insurance, introduced S-1207, the "Data Security and Breach Notification Act." Like the House bill that was the subject of a hearing yesterday, it would require that entities holding personal information takes measures to secure it and to notify consumers in the event of a breach. But unlike Representative Bono Mack's bill, the Senate measure includes additional requirements on "data brokers". The broad definition could be construed to include private investigators.

Senator Dianne Feinstein, (D-CA) reintroduced her bill to limit the display and sale of Social Security numbers. S-1199, the "Protecting the Privacy of Social Security Numbers Act" includes a "business to business" exception to limitations of the use of SSN's. NCISS prefers specific language in legislation to make clear that access to SSN's be available for the conduct of lawful investigations.

Also, Senator Ron Wyden (D-OR) introduced S-1212, a bill which would ...Read More