It is almost impossible to be in business and not collect or hold personally identifying information – such as Social Security numbers, credit card numbers, bank account numbers, etc. – about customers, employees and business partners. If this information falls into the wrong hands, it could put these individuals at risk for identity theft. The following guidance, provided by the Federal Trade Commission (FTC), outlines how you should proceed if personal information has been compromised at your organization. Check federal and state laws or regulations for any specific requirements for your business.
This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice.
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Notify Law Enforcement
If personal information is comprised and could result in harm to a person or business, call your local police department immediately.
If your local police department is not familiar with investigating information compromises, contact the local office of the Federal Bureau of Investigation (FBI) or the U.S. Secret Service. For incidents involving mail theft, contact the U.S. Postal Inspection Service.
Notify Affected Businesses
If account access information (credit card or bank account numbers) have been stolen and you do not maintain the accounts, notify the institutions that do so that they can monitor these accounts for fraudulent activity.
If you collect or store personal information for other businesses, notify them of any information compromises immediately.
If the information involved the improper posting of personal information on your website, immediately remove the information and contact the appropriate search engines to ensure that they do not archive personal information that was posted in error.
If your business collects or holds personally identifying information, you need to be prepared to manage potential security breaches.
If names and Social Security numbers have been stolen, contact the three major credit bureaus for additional information and advice. When calling, advise the credit bureau that you will also be alerting the affected parties to place a fraud alert on their files.
Equifax Credit Information Services
P.O. Box 740241
Atlanta, GA 30374
Data Breach Support
P.O. Box 9556
Allen, TX 75013
TransUnion Fraud Victim Assistance Department
P.O. Box 2000
Chester, PA 19016-2000
When information is stolen, consider the following before notifying any individuals affected: nature of the compromise, type of information taken, likelihood of misuse and the potential damage arising from misuse. If the information could lead to ID theft, contact the affected individuals immediately.
When notifying individuals of potential identity theft, the FTC offers the following suggestions:
- Consult with your law enforcement officer about the timing of the notification so it does not impede on the investigation.
- Designate a contact person within your organization to release information. Give this person the latest information about the breach, your responses and how individuals should respond. Consider using letters, websites and toll-free numbers as methods of communication with those whose information may have been compromised.
- When contacting potentially affected individuals, describe clearly what you know about the compromise. Alert the individual of how it happened, what information was taken, how the thieves have used the information (if known) and what actions have already been taken to remedy the situation. Also explain how to reach the contact person at your organization.
- Explain how potential ID theft victims should respond to the theft based on the type of information stolen.
- Provide contact information and the case report number for the law enforcement officer working on your case. Also advice potential victims to obtain a copy of the police report to make copies for creditors who have accepted unauthorized charges.
- Encourage potential ID theft victims to file a complaint with the FTC at www.identitytheft.gov or 877-438-4338.
For more information on how to protect your business from potential security breaches, contact the FTC at firstname.lastname@example.org and TPG Insurance Services. We have additional Risk Management Tools to assist you in handling Identity Theft. You can get a hold of us by calling 909.466.7876 and also learn more about our Cyber Liability Insurance today. We’re interested in your well-being and that of your company!