NCISS Legislative Alert:  Senate Bill Threatens SoS Death Master List Access

Friends and Colleagues,

The following is an alert from the NCISS Legislative Committee.

This alert concerns the use and restrictions of access to social security numbers and the Social Security Death Master Index.  Private Investigators use these resources in civil, criminal and probate matters - from assisting with confirming death to finding witnesses, as well as detecting and preventing identity theft and positively identifying witnesses and subjects.  Presently NCISS is watching this activity and bill, and will keep our members and profession advised of any progress and concerns.

I recently returned, along with many NCISS members, from Washington DC for the annual 'Hit the Hill'.  This legislation was not introduced at that time, however the discussions we had and contacts made will prove important as we continue to monitor the actions of Congress and how it impacts our profession and business.  It is also important to keep an eye on these at the state legislative level.

The National Council of Investigation and Security Services, Inc., (NCISS - www.NCISS.org), is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

It is legislation like this that is important and tends to be the most visible value of NCISS membership.  Please feel free to contact me with any questions about membership and the benefits of NCISS.  Permission to post this message to professional groups, associations and colleagues granted.

With kindest regards, Dean
NCISS Secretary
-----
Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Colorado Licensed Private Investigators Nos. PI-503 and PI-502
Board Certified Legal Investigator / Expert
Board Certified Criminal Defense Investigators
Certified Death Investigators / former Deputy Coroners

Associates in Forensic Investigations, LLC
www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
(970) 480-7793 Office (Dean x1 / Karen x2) and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

This is an official notice of the National Council of Investigation & Security Services representing the investigative and security professions for 37 years

NCISS Legislative Alert April 25, 2013

Senate Bill Threatens Social Security Death Master List Access

Legislation that is intended to prevent tax fraud includes provisions to restrict access to the death master list and Social Security numbers.  The "Identity Theft and Tax Fraud Prevention Act (S-676)" was introduced by Senator Bill Nelson (D-FL.)  It includes some common sense provisions, including removing Social Security numbers from Medicare cards and increasing penalties for tax fraud.

It is important to note that a business to business provision specified in the bill is one NCISS has fought hard and long the past several years. We are thankful the business to business language is included. 

However, in an effort to reduce identity theft, the bill also would deny access to information on the death master list except for those who obtain certification from the Department of Commerce.  The NCISS Legislative Committee is reviewing that provision in detail, but it appears highly restrictive and sets a high burden for anyone attempting to gain access to the list.

NCISS provided testimony last year to the House Ways and Means Committee opposing similar legislation to restrict such access to the list. That bill was also opposed by genealogists and data brokers.  We will work with these groups to assure that private investigators retain access to the list.

S-676 also contains restrictions on access to Social Security numbers.  Those restrictions are similar to legislation to restrict SSN access that has been offered by Senator Dianne Feinstein (D-CA) for several years.  It includes significant "business to business" exceptions to the restrictions.  The NCISS Legislative Committee is reviewing those exceptions to ascertain whether they are sufficient.  We prefer an exception similar to that in the Drivers' Privacy Protection Act.

NCISS will continue to fight to assure that private investigators retain the ability access both the death master list and Social Security numbers.

Larry Sabbath NCISS Legislative Advocate  7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927
T-(800) 445-8408  F-(410) 388-9746
www.nciss.org

UPDATE to NCISS Alert: Response to Concerns Regarding TLO

Friends and Colleagues,

Please see this important update from NCISS as a follow-up to an earlier notice regarding TLO and the PI industry. Update - NCISS response to concerns of TLO (and all data providers) at http://archive.constantcontact.com/fs179/1102296473151/archive/1113049603655.html

This alert arises from recent data restrictions to private investigators subscribed to TLO services.  NCISS is alarmed at the recent redaction of personal identifiers, particularly which providing this information does not violate the GLB Act and is necessary for private investigators to conduct the activities necessary in support of our judicial system.  Presently NCISS has arranged for conversations with TLO and is watching this activity closely.  NCISS will keep our members and profession advised of any progress and concerns.

Please see the official message for complete details and actions by NCISS.

Fellow colleagues.    Yesterday, I reported that former Legislative Chair Jimmie Mesis was going to have a telephone conference call with TLO principals. As promised, Jimmie's report of this contact is below. Thank you, Jimmie. It is an important message. 

Please do not forget the other valued data provides who have supported and fought for private investigators for years. I want to specifically recognize IRB Search, Tracers, Skipsmasher, Palltech, Locate Plus and Skipmax for their valued contribution to the investigative profession. It is also important to mention Merlin Information Services, a valued contributor for many years before becoming part of TLO and closing their doors. In my opinion, it is important to subscribe to at least three providers and not put all of your eggs in one basket, so to speak. All of the data providers gather and aggregate information a little differently and you may find varied information with each one. 

Francie Koehler
NCISS Legislative Chairman

Former NCISS Legislative Chair (Jimmie Mesis) Conferences with TLO Principals

Colleagues,

There have been a myriad of emails and listserve postings in the last two days about TLO and the changes they announced this week. Many of you have voiced your opinions and conjecture as to why this was happening.  As a professional investigator, I have always found it best to not assume anything and get the facts right from the source. This morning, I was granted an exclusive one hour interview with TLO's CEO, their Senior Vice President of Sales and Business Development, and their Director of Security and Compliance.

This week, TLO released changes within its TLOxp product.  These changes deal with data permissions and were not specific to PIs and have effected a variety of industries.  Some of these changes resulted in the truncation and/or full masking of certain sensitive data such as SSN and DOB.  Obviously, many PIs, Process Servers, Repo Agents, and Collection agencies have voiced their concern. TLO understands that restrictions on data can have an impact on its clients, but these changes were necessary to comply with restrictions placed upon TLO by credit bureaus and specific data providers. 

There are many rumors and assumptions currently being circulated within the PI profession.  However, here are the facts as presented through my interview:

• These changes were not a result of TLO management making its own internal decisions regarding the need of such data by certain industries or individual accounts.
• Changes in data permissions are in no way indicative of TLO's health as a company overall - TLO continues to grow at a remarkable pace, now currently serving thousands of entities and tens of thousands of individual users.
• TLO compiles and links a large number of datasets, providing a comprehensive investigative tool centered around people, businesses, assets, and the identification of common links between them.  While the common perception is that all sensitive data falls under standard regulatory rules (i.e. GLB and DPPA), such regulations are only part of the overall compliance picture that a large data fusion company like TLO must adhere to.  Certain data sources, credit bureaus as an example, have further contractual restrictions on the data in terms of how, and to whom, such data may be disseminated.  TLO continues to provide full, unrestricted access to all data that they are permitted.

For the Private Investigator profession in particular, the following changes were released:

• NON HOME BASED PI ACCOUNTS

o   A certain portion of SSN and DOB data that is only received from single-type sources is now truncated.  This truncated portion does not represent the majority of such data available through TLOxp - much of this data will remain fully available because it is obtained and verified through multiple additional sources

o   Accounts will be required to undergo a physical site inspection in order to continue to receive Utility data and a portion of additional location data that is specific to a single credit bureau source requiring such inspection.  This optional site visit is not needed to maintain a TLOxp account, only to receive access to the aforementioned data.

• HOME BASED PI ACCOUNTS

o   TLO is only permitted to provide credit bureau specific data to accounts that are located in an owned residence and that have passed a physical site inspection.  Entities falling outside of this will retain access to non-bureau sourced information.  Such accounts also lose access to Vehicle and Utility data. Again, these are restrictions placed upon TLO by specific data sources.

o   Upon a successful site visit, home based accounts will receive truncated SSN and DOB (including certain bureau data) but will not have access to Vehicle data.

It should be noted here that TLO has been paying the site inspection fee for thousands of its existing accounts and has only been charging site inspection fees for new accounts.

Bottom line, TLO is simply making sure that they and all of their customers are complying with the terms and conditions of usage that were established by each of the unique data suppliers. While the three credit bureaus may have some of the most up to date information, they also have the most restrictions because they also have the most exposure, and risk.

I have been assured that the Private Investigator profession remains an important part of TLO's client base and TLO remains committed to serving our profession.  As such, TLO has instituted an aggressive plan to address the ongoing needs of PI's.  Within the next three weeks, TLO expects to complete a major "re-programming" of existing data and a major infusion of data that will greatly lessen the impact of the recent changes. I was also able to ascertain that TLO has no plans of increasing the $1 they charge for reports as well as no minimums or monthly fees.

There is no doubt in my mind that TLO will be able to continue to provide valuable data to private investigators, but going through a companywide compliance review may have an effect on many investigators. I suggest that if you have any questions, please contact your TLO representative directly and do not reply to this list or to me personally.

Keeping the profession informed,

Jimmie Mesis, LPI
Former NCISS Legislative Chair

NCISS Alert: Response to Concerns Regarding TLO

Friends and Colleagues,

The following is an alert from the NCISS Legislative Committee.  If the message below is not displayed, please follow this link:
http://archive.constantcontact.com/fs179/1102296473151/archive/1113037724504.html

This alert arises from recent data restrictions to private investigators subscribed to TLO services.  NCISS is alarmed at the recent redaction of personal identifiers, particularly which providing this information does not violate the GLB Act and is necessary for private investigators to conduct the activities necessary in support of our judicial system.  Presently NCISS has arranged for conversations with TLO and is watching this activity closely.  NCISS will keep our members and profession advised of any progress and concerns.

Please see the official message for complete details and actions by NCISS.

The National Council of Investigation and Security Services, Inc., (NCISS - www.NCISS.org), is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

Please feel free to contact me with any questions about membership and the benefits of NCISS.  Permission to post this message to professional groups, associations and colleagues granted.

With kindest regards, Dean
NCISS Secretary
-----
Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Colorado Licensed Private Investigators Nos. PI-503 and PI-502
Board Certified Legal Investigator / Expert
Board Certified Criminal Defense Investigators
Certified Death Investigators / former Deputy Coroners

Associates in Forensic Investigations, LLC
www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
(970) 480-7793 Office (Dean x1 / Karen x2) and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

---------- Forwarded message ----------
From: NCISS Legislative ALERT <nciss@comcast.net>
Date: Thu, Apr 11, 2013 at 12:20 AM
Subject: NCISS Response to Concerns Regarding TLO

This is an official notice of the National Council of Investigation & Security Services representing the investigative and security professions for 37 years

NCISS Legislative Alert April 10, 2013

NCISS  RESPONSE TO CONCERNS REGARDING TLO Francie Koehler
NCISS Legislative Chair Fellow colleagues.    NCISS is alarmed that TLO and perhaps other data providers have begun to limit Social Security numbers and other information to private investigators and perhaps to others. Continued access to this data is critical to a host of activities conducted by PI's in support of our judicial system. Access to this vital data is certainly lawful under Gramm-Leach-Bliley and should continue.

We are still gathering information about the scope and cause of these data restrictions. As you know, NCISS members will be in Washington next week for the annual "Hit the Hill" event (April 15-17, 2013). On Monday, our Board of Directors will be meeting and will consider appropriate measures to respond to this threat.

In the meantime, former NCISS Legislative Chair Jimmie Mesis has a conference call 

with TLO principals scheduled tomorrow (Thursday, April 11, 2013) and will be sending out an updated message following the conference call. Stay tuned.

Please forward any comments you have to Francie Koehler at Francie@nciss.org

Larry Sabbath
NCISS Legislative Advocate                                                  Francie Koehler & Larry Sabbath NCISS Legislative Chairman / Legislative Advocate 

7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927
T-(800) 445-8408  F-(410) 388-9746

GPS Bills Reintroduced to Senate and House of Representatives


The following is an alert from the NCISS Legislative Committee.

Bills restricting the government and private use of GPS tracking technology have been introduced in both the US Senate and House of Representatives.  Depending on the entity, either a warrant or consent of the person would be required.
  
Presently NCISS is watching this activity and bill, and will keep our members and profession advised of any progress and concerns.


HR 1312 AND S 639 INTRODUCED TO RESTRICT THE USE OF GPS TRACKING TECHNOLOGY
Bills have been introduced in both the US Senate and House of Representatives to restrict the use of Global Positioning Satellite (GPS) technology for tracking purposes.  HR 1312 and S 639 were introduced by Representative Jason Chaffetz (R-UT) and Senator Ron Wyden (D-OR.)

The legislation would affect both government and private use of GPS technology. It requires law enforcement to obtain a warrant before obtaining location data and also requires that private entities obtain a person's consent.  Senator Wyden specifically states in his press release that it the legislation would make it illegal for an ex-husband to track his former wife's movements without permission.  He says this would parallel current law on wiretaps.

These two bills have bipartisan support.

Congress is now scheduled to be in recess for two weeks.  The NCISS "Hit the Hill" day will provide an opportunity to address concerns with these bills before they are considered by Congress.

I look forward to seeing everyone.

Larry Sabbath
NCISS Legislative Advocate

NCISS Legislative Alert: Report on the National Labor Relations Board

The following is an alert from the NCISS Legislative Committee.  NCISS is a member of the Coalition for a Democratic Workplace, which was a co-plaintiff in the lawsuit resulting in the decision detailed in this alert.  The NLRB decisions regarding the limitations of background investigations for employment purposes impacts the investigative and security professions nationwide.

Presently NCISS is watching this activity and will continue to keep our members and profession advised of any progress and concerns.

Labor Board Decisions In Question
A decision by the DC Circuit Court of Appeals last week has thrown decisions of the National Labor Relations Board (NLRB) into question.  In Noel Canning v. NLRB, the court ruled that President Obama's appointments of several Board members were invalid because they were made while the Senate was in session.  The President had asserted that he could make these "recess" appointments because the Senate was not conducting business, only meeting in "pro forma" sessions.  But the court ruled that presidents can only make recess appointments (which do not require Senate confirmation) between sessions of Congress, not in    the middle of the year.

The NLRB Chairman said that the Board will continue to act on issues before it despite the court's ruling.  He has not said whether he will appeal the case to the Supreme Court.   He may be awaiting decisions on recess appointment cases pending before other courts.

Impact of the Decision
The NLRB decides cases involving organizing and other rights of employees.  Their decisions on cases since August, 2011 are in question because the recess appointees are needed to make  a quorum.  If they were not seated legally, then their decisions since that time may be overturned.  In addition, the DC Circuit Court has frozen all NLRB cases now pending before it.  Because of this ruling, I anticipate that attorneys appealing NLRB decisions will file cases in the DC court rather than in other regions since the DC court has ruled against the Board.

Most NLRB issues are primarily relevant to NCISS security members. But one case on appeal is particularly important to investigators. In Banner Health System, the NLRB ruled that employers should not routinely ask employee witnesses to keep internal investigations confidential.  The decision requires employers to establish specific reasons why confidentiality is necessary.  In another case, the Board ruled that some witness statements must be turned over to union representatives.  That puts employers in an untenable position because the Equal Employment Opportunity Commission wants employers to keep discrimination investigations confidential.

The Noel Canning decision will also potentially impact the appointment of Richard Cordray, Chairman of the Consumer Financial Protection Bureau because he is a recess appointee.  The CFPB was given jurisdiction over the Fair Credit Reporting Act as part of financial reform legislation.

NCISS is a member of the Coalition for a Democratic Workplace (CDW) which along with the US Chamber of Commerce brought the lawsuit on behalf of Noel Canning.

Vincent R. Ruffolo
NCISS Legislative Chairman - Security
7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927
T-(800) 445-8408  F-(410) 388-9746

 (Permission granted to repost this message)

The National Council of Investigation and Security Services, Inc., (NCISS - www.NCISS.org), is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

Don't forget about the NCISS annual Hit the Hill in April.  Details of the Mid-Term Meeting, Hit the Hill, and SAAB University April 15-17, 2013 at http://www.nciss.org/news-and-events/the-full-event.php?eid=13.

Please feel free to contact me with any questions about membership and the benefits of NCISS.  Permission to post this message to professional groups, associations and colleagues granted.

With kindest regards, Dean
NCISS Secretary
-----
Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Colorado Licensed Private Investigators Nos. PI-503 and PI-502
Board Certified Legal Investigator / Expert
Board Certified Criminal Defense Investigators
Certified Death Investigators / former Deputy Coroners

Associates in Forensic Investigations, LLC
www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
(970) 480-7793 Office (Dean x1 / Karen x2) and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

NCISS Legislative Alert:  Taking a Position on Gun Control

Fellow colleagues.    The members of the NCISS Legislative Committee have struggled, as we all have, with the issue of gun control in light of recent tragedies. .    Please read the position included below provided by NCISS Legislative Advocate, Larry Sabbath. Be sure to know that NCISS believes in and strongly supports the Second Amendment.    Please forward any comments you have to me directly.                                                                


Francie Koehler
NCISS Legislative Chair, Investigations 
7501 Sparrows Point Blvd.
Baltimore, MD 21219-1927

T-(800) 445-8408  F-(410) 388-9746
franciek@pacbell.net

Congress is now beginning to consider a legislative response to the tragic murders in Newtown, Connecticut.  NCISS believes the most effective response to this atrocity is for a more comprehensive system of background checks for the purchase of firearms.  In addition we strongly support enhanced penalties and stronger enforcement against "straw" purchasers and the improper transfer of weapons from one party to another.

President Obama and several members of Congress are urging adoption of additional measures, including placing limits on the size of magazines and some firearms deemed to be "assault weapons."   Because licensed or registered security officers, private investigators and bail recovery agents often face dangerous adversaries ( who do not comply with legal weapon restraints)  in the course of their employment, we are urging Congress to provide an exception from these additional restrictions on these licensees and registrants. NCISS will continue to monitor this issue and will carefully examine all reasonable proposals.

Larry SabbathNCISS Legislative Advocate

The National Council of Investigation and Security Services, Inc., (NCISS - www.NCISS.org), is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

Please feel free to contact me with any questions about membership and the benefits of NCISS.  Permission to post this message to professional groups, associations and colleagues granted.

With kindest regards, Dean
NCISS Secretary
-----
Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Colorado Licensed Private Investigators Nos. PI-503 and PI-502
Board Certified Legal Investigator / Expert
Board Certified Criminal Defense Investigators
Certified Death Investigators / former Deputy Coroners

Associates in Forensic Investigations, LLC
www.Forensic-Investigators.com ~ beersda@Forensic-Investigators.com
(970) 480-7793 Office (Dean x1 / Karen x2) and (970) 480-7794 Fax
'Quaero Indicium' - To Find The Evidence

NCISS Legislative Alert: Congress and FTC Still Active on Privacy Issues

The following is an alert from the NCISS Legislative Committee.

This alert is a follow-up to an NCISS Legislative Alert from last week.  FTC followed up on Chairman Leibowitz' statement (of last week) and ordered nine data brokers to provide very detailed and specific information about:

• the nature and sources of the consumer information the data brokers collect;
• how they use, maintain, and disseminate the information; and
• the extent to which the data brokers allow consumers to access and correct their information or to opt out of having their personal information sold.

Presently NCISS is watching this activity and will keep our members and profession advised of any progress and concerns.

The National Council of Investigation and Security Services, Inc., (NCISS - www.NCISS.org), is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

Please feel free to contact me with any questions about membership and the benefits of NCISS.  Permission to post this message to professional groups, associations and colleagues granted.

With kindest regards, Dean
NCISS Secretary
##########

Congress and FTC Still Active on Privacy Issues
Although the headlines continue to focus on the impending "fiscal cliff" tax and spending issues as well as the Newtown, Connecticut tragedy, Congress and the bureaucracy are continuing to target some critical issues of concern to private investigators.

Last week we reported on a "briefing" by the leaders of the Congressional privacy caucus regarding data broker practices. Co-Chairmen Ed Markey (D-MA) and Joe Barton (R-TX) met with a group of data brokers, consumer advocates, Federal Trade Commissioners and academics to discuss how data providers collect and use consumer information. At that meeting Representative Markey said he would press for adoption of legislation next year to control some of the brokers' business practices. FTC Chairman Jon Leibowitz also discussed the Commission's ongoing interest in data collection.

Yesterday, the FTC followed up on Chairman Leibowitz' statement and ordered nine brokers to provide very detailed and specific information about:

• the nature and sources of the consumer information the data brokers collect;
• how they use, maintain, and disseminate the information; and
• the extent to which the data brokers allow consumers to access and correct their information or to opt out of having their personal information sold.

Earlier in the year both the privacy caucus and the Senate Committee on Commerce, Science and Transportation wrote brokers and asked for similar information. The FTC order has the force of law and demands that answers respond directly to each question asked.

NCISS is concerned about this focus on data brokers not only to assure that private investigators not be classified as brokers, but also to make certain that brokers remain a valuable resource for the profession. In its statement when issuing the subpoena, the FTC said:

"There are no current laws requiring data brokers to maintain the privacy
of consumer data unless they use that data for credit, employment,
insurance, housing, or other similar purposes."

The implication of the statement may be that the Commission will be examining possible controls over the non-Fair Credit Reporting Act databases maintained by information brokers.

Senate Committee Questioning Credit Reporting

The Senate Committee on Subcommittee on Financial Institutions and Consumer Protection is holding a hearing today on credit reports largely focusing on the accuracy of reports. Subcommittee Chairman Sherrod Brown (D-OH) said:

"Problems abound - even for consumers with nearly flawless credit."

And Assistant Director Corey Stone of the Consumer Financial Protection Bureau reported that the Bureau is examining the issue. He reported that when consumers dispute items in a credit report their evidence does not always get back to the credit bureau.

An attorney for the National Consumer Law Center took the opportunity to urge Congress to restrict the use of credit reports for employment purposes. Legislation to limit the use of credit reports has been pending for the past two terms of Congress. The Equal Employment Opportunity Commission has also proposed such restrictions but has not issued a final rule as yet.

Attention to this issue is likely to continue into the next Congress.

House to Vote on Legislation to Remove SSN From Medicare Cards

The House of Representatives is scheduled to vote today on HR 1509 to remove Social Security Numbers from Medicare cards. NCISS has been supportive of legislation that would limit SSN's numbers on documents carried by consumers as a common sense method of helping reduce identity theft.

NCISS will remain vigilant during these last days of the 112th Congress to protect the interests of our members and will keep you informed.

Happy Holidays to all,  

Jimmie Mesis  
Legislative Chairman  
NCISS

7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927
T-(800) 445-8408  F-(410) 388-9746
jmesis@nciss.org 

(Permission granted to repost this message)

   

NCISS Legislative Alert: Congressional Privacy Group Grills Data Brokers
The following is an alert from the NCISS Legislative Committee.

This alert arises from a Congressional hearing with the FTC and consumer privacy advocates, primarily concerns about personal data collected for online dissemination.  NCISS is concerned about legislation which would limit the collection of data or regulate data brokers. Some definitions of data broker could be broad enough to include private investigators. Limitations on the collection or use of personal data by brokers could also restrict their ability to sell critical information to investigators.  Presently NCISS is watching this activity and bill, and will keep our members and profession advised of any progress and concerns.

The National Council of Investigation and Security Services, Inc., (NCISS - www.NCISS.org), is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.

Please feel free to contact me with any questions about membership and the benefits of NCISS.  Permission to post this message to professional groups, associations and colleagues granted.

With kindest regards, Dean
NCISS Secretary
##########
The Congressional Bipartisan Privacy Caucus met today with a group of data brokers, FTC Commissioners and privacy advocates to discuss how consumer information is collected and used by brokers.

Co-Chairman Representative Ed Markey (D-MA) said he wanted to "shed light on an industry that has dossiers on millions of Americans." He argued that there are gaps in existing law that should be closed and that consumers "should have control over their personal information."

The meeting focused primarily, but not exclusively, on the online collection of personal data. Federal Trade Commission Chairman Jon Leibowitz expressed concern about "invisible data catchers" and called for more transparency. He was joined on the panel by FTC Commissioner Julie Brill who asked the group how to define the term "data broker."

Experian Senior Vice President Tony Hadley said that even the most narrow definitions of data broker in current legislation would sweep in thousands of entities. This led to a discussion of what group of brokers should be covered by any legislation or regulation.

Representative Markey and Commissioner Brill asked if Congress should start by only regulating the top 100-300 brokers. Industry representatives suggested that rather than broadly regulating the collection of data, regulators should decide what uses of data require control. Hadley pointed out that the Fair Credit Report already covers credit and employment issues and Gramm Leach Bliley covers fraud and authentication issues.

A representative of the Direct Marketing Association said it would be a mistake to develop "one size fits all" regulations on such a complex industry. Consumer advocate Ed Mierzwinski suggested Congress could consider limiting regulation large brokers while allowing the FTC to bring enforcement actions against smaller "bad actors" when appropriate.

NCISS is concerned about legislation which would limit the collection of data or regulate data brokers. Some definitions of data broker could be broad enough to include private investigators. Limitations on the collection or use of personal data by brokers could also restrict their ability to sell critical information to investigators.

Representative Markey made clear that he will be pursuing this issue in the next Congress.  The Congressional Privacy Caucus is co-chaired by Republican Joe Barton of Texas.

NCISS will advise Congress of our concerns with this issue and keep you apprised of developments.

Larry Sabbath 
Legislative Advocate 
NCISS

7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927

T-(800) 445-8408  F-(410) 388-9746
lsabbath@lobbyist4u.com 

 (Permission granted to repost this message)