Editing Identity theft (section)

=== United States ===
{{See also|Identity theft in the United States}}
The increase in crimes of identity theft led to the drafting of the Identity Theft and Assumption Deterrence Act.<ref>{{cite web |url=http://www.ftc.gov/os/statutes/itada/itadact.htm |title=FTC.gov |url-status=dead |archive-url=https://archive.today/20120801/http://www.ftc.gov/os/statutes/itada/itadact.htm |archive-date=1 August 2012 }}, Public Law 105-318, 112 Stat. 3007 (30 October 1998)</ref> In 1998, The Federal Trade Commission appeared before the United States Senate.<ref>{{cite web |url=http://www.ftc.gov/os/1998/05/identhef.htm |title=Prepared Statement of the Federal Trade Commission on "Identity Theft" |url-status=dead |archive-url=https://archive.today/20120801/http://www.ftc.gov/os/1998/05/identhef.htm |archive-date=1 August 2012 }}, 20 May 1998</ref> The FTC discussed crimes which exploit consumer credit to commit loan fraud, [[mortgage fraud]], lines-of-credit fraud, [[credit card fraud]], commodities and services frauds. The Identity Theft Deterrence Act (2003)[ITADA] amended [https://www.law.cornell.edu/uscode/text/18/1028A- U.S. Code Title 18, § 1028] ("Fraud related to activity in connection with identification documents, authentication features, and information"). The statute now makes the possession of any "means of identification" to "knowingly transfer, possess, or use without lawful authority" a federal crime, alongside unlawful possession of identification documents. However, for federal jurisdiction to prosecute, the crime must include an "identification document" that either: (a) is purportedly issued by the United States, (b) is used or intended to defraud the United States, (c) is sent through the mail, or (d) is used in a manner that affects interstate or foreign commerce. ''See'' {{usc|18|1028}}(c). Punishment can be up to 5, 15, 20, or 30 years in federal [[prison]], plus fines, depending on the underlying crime per {{usc|18|1028}}(b). In addition, punishments for the unlawful use of a "means of identification" were strengthened in § 1028A ("Aggravated Identity Theft"), allowing for a consecutive sentence under specific enumerated felony violations as defined in § 1028A(c)(1) through (11).<ref>Doyle, Charles. (2013). [https://fas.org/sgp/crs/misc/R42100.pdf Mandatory Minimum Sentencing: Federal Aggravated Identity Theft.] {{webarchive |url=https://web.archive.org/web/20161011031227/https://fas.org/sgp/crs/misc/R42100.pdf |date=11 October 2016 }} Washington, D.C.: [[Congressional Research Service]].</ref>

The Act also provides the [[Federal Trade Commission]] with authority to track the number of incidents and the dollar value of losses. Their figures relate mainly to consumer financial crimes and not the broader range of all identification-based crimes.<ref>[http://www.consumer.gov/idtheft/ Federal Trade Commission]. Retrieved 30 June 2006.  {{webarchive |url=https://web.archive.org/web/20060131210801/http://www.consumer.gov/idtheft/ |date=31 January 2006 }}</ref>

If charges are brought by state or local law enforcement agencies, different penalties apply to depend on the state.

Six Federal agencies conducted a joint task force to increase the ability to detect identity theft. Their joint recommendation on "red flag" guidelines is a set of requirements on financial institutions and other entities which furnish credit data to credit reporting services to develop written plans for detecting identity theft. The FTC has determined that most medical practices are considered creditors and are subject to requirements to develop a plan to prevent and respond to patient identity theft.<ref>Michael, Sara {{cite web |url=http://www.physicianspractice.com/index/fuseaction/newsletterArticles.view/articleID/87.htm |title=Getting Red Flag Ready |access-date=2009-07-02 |archive-date=2012-09-11 |archive-url=https://archive.today/20120911/http://www.physicianspractice.com/index/fuseaction/newsletterArticles.view/articleID/87.htm |url-status=dead }} PhysiciansPractice.com, 21 May 2009. Retrieved 2 July 2009.</ref> These plans must be adopted by each organization's board of directors and monitored by senior executives.<ref>[http://www.ftc.gov/os/fedreg/2007/december/071213factafurnisheraccuracy.pdf 72 Fed. Reg. 70944 ] {{webarchive |url=https://web.archive.org/web/20130217151554/http://www.ftc.gov/os/fedreg/2007/december/071213factafurnisheraccuracy.pdf |date=17 February 2013 }} (PDF). Retrieved 29 January 2008.</ref>

Identity theft complaints as a percentage of all fraud complaints decreased from 2004 to 2006.<ref name="autogenerated1">{{Cite web|url=http://www.ftc.gov/bcp/edu/microsites/idtheft/downloads/clearinghouse_2006.pdf|archiveurl=https://web.archive.org/web/20080911044319/http://www.ftc.gov/bcp/edu/microsites/idtheft/downloads/clearinghouse_2006.pdf|url-status=dead|title=Law Enforcement Contact1 January 1 December 31, 2001|archive-date=11 September 2008}}</ref> The Federal Trade Commission reported that fraud complaints in general were growing faster than ID theft complaints.<ref name="autogenerated1" /> The findings were similar in two other FTC studies done in 2003 and 2005. In 2003, 4.6 percent of the US population said they were a victim of ID theft. In 2005, that number had dropped to 3.7 percent of the population.<ref name=SR_1>{{cite web| title=Federal Trade Commission – Identity Theft Survey Report| url=https://www.ftc.gov/sites/default/files/documents/reports/federal-trade-commission-identity-theft-program/synovatereport.pdf| publisher=[[Federal Trade Commission]]| date=September 2002| access-date=5 January 2024}}</ref><ref>{{Cite web|url=https://www.ftc.gov/reports/federal-trade-commission-2006-identity-theft-survey-report-prepared-commission-synovate|archiveurl=https://web.archive.org/web/20080911044311/http://www.ftc.gov/os/2007/11/SynovateFinalReportIDTheft2006.pdf|url-status=dead|title=Federal Trade Commission: 2006 Identity Theft Survey Report: Prepared for the Commission by Synovate|date=1 November 2007|archive-date=11 September 2008|website=Federal Trade Commission}}</ref> The commission's 2003 estimate was that identity theft accounted for some $52.6 billion of losses in the preceding year alone and affected more than 9.91 million Americans;<ref>{{cite web |url=http://www.ftc.gov/opa/2003/09/idtheft.shtm |title=FTC.gov<!-- Bot generated title --> |url-status=dead |archive-url=https://archive.today/20120731/http://www.ftc.gov/opa/2003/09/idtheft.shtm |archive-date=31 July 2012 }}, releases Survey of Identity Theft in U.S. 27.3 Million Victims in past 5 Years, Billions in Losses for Businesses and Consumers</ref> the figure comprises $47.6 billion lost by businesses and $5 billion lost by consumers.

According to the [[Bureau of Justice Statistics|U.S. Bureau of Justice Statistics]], in 2010, 7% of US households experienced identity theft - up from 5.5% in 2005 when the figures were first assembled, but broadly flat since 2007.<ref name="Bureau of Justice Statistics">{{cite web | url=http://bjs.gov/content/pub/pdf/itrh0510.pdf | title=Identity Theft Reported by Households, 2005-2010 | publisher=Bureau of Justice Statistics | year=2011 | access-date=24 June 2013}}</ref> In 2012, approximately 16.6 million persons, or 7% of all U.S. residents age 16 or older, reported being victims of one or more incidents of identity theft.<ref>Harrell, Erika and Lynn Langton. (2013). [http://www.bjs.gov/content/pub/pdf/vit12.pdf Victims of Identity Theft, 2012.] {{webarchive |url=https://web.archive.org/web/20160907043423/http://www.bjs.gov/content/pub/pdf/vit12.pdf |date=7 September 2016 }} Washington, D.C. [[United States Department of Justice|U.S. Department of Justice]], [[Bureau of Justice Statistics]].</ref>

At least two states, [[California]]<ref>{{cite web |url=http://www.privacyprotection.ca.gov/ |title=California Office of Identity Protection |access-date=2009-01-08 |archive-date=2012-08-05 |archive-url=https://archive.today/20120805/http://www.privacyprotection.ca.gov/ |url-status=dead }}</ref> and [[Wisconsin]]<ref>{{Cite web|url=https://datcp.wi.gov/Pages/Programs_Services/IdentityTheft.aspx|title=DATCP Home Identity Theft Protection|website=datcp.wi.gov|accessdate=25 December 2023}}</ref> have created an Office of Privacy Protection to assist their citizens in avoiding and recovering from identity theft.

In 2009, Indiana created an Identity Theft Unit within their Office of Attorney General to educate and assist consumers in avoiding and recovering from identity theft as well as assist law enforcement in investigating and prosecuting identity theft crimes.<ref>{{cite web|url=http://www.in.gov/legislative/ic/code/title4/ar6/ch13.pdf |title=Indiana General Assembly |access-date=3 October 2013 |url-status=live |archive-url=https://web.archive.org/web/20131004215445/http://www.in.gov/legislative/ic/code/title4/ar6/ch13.pdf |archive-date=4 October 2013 }}</ref><ref>{{cite web |url=http://www.in.gov/attorneygeneral/2853.htm |title=Attorney General: ID Theft Prevention |publisher=In.gov |date=6 December 2013 |access-date=24 January 2014 |archive-date=11 January 2014 |archive-url=https://web.archive.org/web/20140111062848/http://www.in.gov/attorneygeneral/2853.htm |url-status=dead }}</ref>

In Massachusetts in 2009–2010, Governor [[Deval Patrick]] committed to balancing consumer protection with the needs of small business owners. His Office of Consumer Affairs and Business Regulation announced certain adjustments to Massachusetts' identity theft regulations that maintain protections and also allow flexibility in compliance. These updated regulations went into effect on 1 March 2010. The regulations are clear that their approach to data security is a risk-based approach important to small businesses and might not handle a lot of personal information about customers.<ref>[http://www.mass.gov/?pageID=ocatopic&L=3&L0=Home&L1=Consumer&L2=Identity+Theft&sid=Eoca "Consumer Identity Theft"]. Commonwealth of Massachusetts, 2010  {{webarchive |url=https://web.archive.org/web/20111105045936/http://www.mass.gov/?pageID=ocatopic&L=3&L0=Home&L1=Consumer&L2=Identity+Theft&sid=Eoca |date=5 November 2011 }}</ref><ref>[http://www.mass.gov/Eoca/docs/idtheft/201CMR17faqs.pdf "Frequently Asked Question Regarding 201 CMR 17.00"] {{webarchive |url=https://web.archive.org/web/20110811054640/http://www.mass.gov/Eoca/docs/idtheft/201CMR17faqs.pdf |date=11 August 2011 }}, Commonwealth of Massachusetts, Office of Consumer Affairs and Business Regulation, 3 November 2009</ref>

The [[Internal Revenue Service|IRS]] has created{{when|date=August 2017}} the IRS Identity Protection Specialized Unit to help taxpayers' who are victims of federal tax-related identity theft.<ref>{{cite web|title=Taxpayer Guide to Identity Theft|url=https://www.irs.gov/newsroom/article/0,,id=251501,00.html|work=IRS.gov|publisher=US Internal Revenue Service|access-date=29 June 2012 }}</ref> Generally, the identity thief will use a stolen SSN to file a forged tax return and attempt to get a fraudulent refund early in the filing season. A taxpayer will need to fill out Form 14039, [https://www.irs.gov/pub/irs-pdf/f14039.pdf ''Identity Theft Affidavit''].<ref>{{cite web|title=Form 14039|url=https://www.irs.gov/pub/irs-pdf/f14039.pdf|work=IRS website|publisher=US Internal Revenue Service|access-date=29 June 2012}}</ref><ref name="ALERT: Beware of Phishing Scam Mentioning TAS">{{cite web | url=http://www.taxpayeradvocate.irs.gov/Individuals/Identity-Theft | title=ALERT: Beware of Phishing Scam Mentioning TAS | publisher=Taxpayer Advocate | access-date=18 December 2014 | url-status=dead | archive-url=https://web.archive.org/web/20141218162516/http://www.taxpayeradvocate.irs.gov/Individuals/Identity-Theft | archive-date=18 December 2014 }}</ref>

As for the future of medical care and Medicaid, people are mostly concerned about [[cloud computing]]. The addition of using cloud information within the United States medicare system would institute easily accessible health information for individuals, but that also makes it easier for identity theft. Currently, new technology is being produced to help encrypt and protect files, which will create a smooth transition to cloud technology in the healthcare system.<ref>Hyde, J. (2017). Preventing Identity Theft and Strengthening the American Health Care System. Policy & Practice (19426828), 75(5), 26–34.</ref>

==== Notification ====
Many states followed California's lead and enacted mandatory [[data breach notification laws]]. As a result, companies that report a data breach typically report it to all their customers.<ref>{{cite web |url=http://www.naag.org/states-offer-data-breach-protection.php |title=States Offer Data Breach Protection |url-status=dead |archive-url=https://archive.today/20120913/http://www.naag.org/states-offer-data-breach-protection.php |archive-date=13 September 2012 }}</ref>