Now that this year's session of the General Assembly is over, I would like to use this monthly column to discuss some important legislation from this past session in more detail. One of these is Senate Bill 1017: Enhance Protections Against Identify Theft. This bill unanimously passed the General Assembly back during the summer, was signed by the Governor in July, and became effective October 1.

North Carolina ID theft facts

Nearly 10 million people in the U.S. are victims of identity theft each year. In North Carolina, about 300,000 people are victimized annually. North Carolina ranks 21st in the nation in terms of identity theft, and five North Carolina cities rank in the top 50 metropolitan areas for identity theft complaints: Thomasville-Lexington, Dunn, Salisbury, Goldsboro and Statesville-Mooresville. The identities of more than 1.6 million North Carolinians wereput at greater risk of ID theft by the more than300 security breaches reported to the state since December 2005.

Senate Bill 1017 was introduced to combat this growing problem and to enhance consumer protections against identity theft. Prior to this new legislation, consumer reporting agencies could charge up to $10 for placing a freeze, removing a freeze, or temporarily lifting a credit freeze and such requests were required to be made by certified mail. A credit freeze is like a padlock for your credit report. Credit freezes block identify theft and prevent someone from opening a new account or getting credit in someone else's name. When you place a freeze on your accounts, you are given a personal identification number or password that is required in case you ever wish to lift the freeze on your report.

The new legislation makes several changes. N.C. residents will now be allowed to request a security freeze on their credit report by one of three ways: first-class mail, telephone call, or electronically by use of a secure Web site. Requests for a freeze must be made effective within three business days if the request is made in writing or within 24 hours if the request is made electronically or by phone. Except in specified circumstances, the law requires that requests to lift a security freeze for a specified period of time or to a specified party, or to permanently lift a freeze be made effective within 3 business days if the request is made in writing, or within 15 minutes if the request is made electronically or by phone.

Consumer reporting agencies are also now prohibited from charging a fee in response to electronic requests to place, remove or lift a freeze. An agency may charge a fee over $3 for placing a security freeze by telephone or mail or for providing a second or subsequent personal identification number.

Other changes include requiring a business that possesses personal identifying information of N.C. residents to notify a person whose personal information has been breached and to include in the notification the applicable toll-free numbers and addresses for the major consumer reporting agencies, the Federal Trade Commission, and the N.C. Attorney General's Office.

The business is also required to notify the Attorney General's Office of the nature of the breach, the number of consumers affected by the breach and other specified information.

Although, we are no longer in session, I hope you will continue to contact me with your concerns. You can email me at darren.jackson@ncleg.net or feel free to call my office at 733-5974.