Privacy Bills in the House’ a First Look: Steve Lebsock Pushes Real Relief for Victims of Identity Fraud

by Eileen | 8:34 am, January 30, 2013 | Comments Off

WHAT: HB 13-1146, requiring CBI to amend the records of victims of identity fraud

WHO: Rep. Steve Lebsock (D-34) and ten others; Sen. Jesse Ulibarri (D-21)

WHY:Because asking a man to accept the consequences when he didn’t have the fun of causing the damage is profoundly un-American

For victims of identity fraud, the clean-up process is a wearying grind, trying to prove yourself to a bunch of people with no incentive to help you.  Reports find the average victim spends about 2,000 hours of personal time undoing the damage and may be dogged by inaccurate records for years.

(All of a sudden, a PPC class on privacy and reputation management is looking like a great investment, right?)

Many victims deal with drained bank accounts and annihilated credit.  For some, it’s even worse; their stolen identity is used by a criminal and now there’s a conviction attached to their name.

Some wrongs are so obvious that members of both parties can see it.  Though the sponsors in both chambers are Dems, HB 1146 does have bipartisan support, which means at least a few GOP members might get a win this session.

Alright, so, the current statute allows someone whose identity was used to commit a crime to petition the courts for a finding that he is ‘factually innocent’ of the crime.  Great start.  What happens when that finding doesn’t filter through the eleventy-bazillion databases and some poor bastard is being flagged every time he gets pulled over or applies for library card?  Precisely.

Enter HB 1146, which adds a step, requiring courts to notify the Colorado Bureau of Investigation, which will amend both the law-enforcement-only and the public versions of the concerned individual’s record.  Additionally, individuals would be able to petition CBI directly for a change to their records, citing identity fraud.  Groovy.

It does not, though, mean the courts and law enforcement get a pass on seeking to improve processes for making sure they’re indicting and convicting someone by his real name.  I’ not saying this happens a lot.  I’m saying even one instance means an innocent guy’s life is ruined.

Nor does it mean I waive my right to extract vigilante justice against anyone pretending to be me.  Which I will do using a false identity.

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