Privacy Journal

This 106-page reference book has just been updated, describing more than 700 state and federal laws on privacy and surveillance. A description and a legal citation is provided for each law. The laws are grouped by category, then listed alphabetically by state. See the list of categories below.

The book is "strongly recommended for all public libraries and law school libraries" by LIBRARY JOURNAL.

Published in 2002 with a 2008 Supplement included (ISBN 0-930072-17-0) (new 13-digit ISBN: 9780930072179), the book sells for $31 plus $4 for postage.

The 2008 Supplement, just published, includes scores of new laws on identity theft, medical records, "credit freezes," more than 35 laws on "security-breach notifications," spam, gathering telephone-calling records by pretext, and use of Social Security numbers.

Contents, followed by sample entries

CONTENTS

Arrest and Conviction Records
Bank and Financial Records
Cable Television
Computer Crime (including 'security notifications')
Credit Reporting and Investigations (including ‘Credit Repair,’
‘Credit Clinics,’ Check-Cashing, 'Credit Freezes,' and Credit Cards)
Criminal Justice Information Systems
Electronic Surveillance (including Wiretapping, Telephone Monitoring, and Video Cameras)
Employment Records
Government Information on Individuals
Identity Theft
Insurance Records (including use of Genetic Information)
Library Records
Mailing Lists (including Video Rentals and ‘Spam’)
Medical Records (including HIV Testing)
Miscellaneous (including Non-Electronic Visual Surveillance
and Breast-Feeding)
Polygraphing in Employment (including Honesty Tests)
Privacy Statutes/State Constitutions
(including the Right to Publicity)
Privileged Communications
Social Security Numbers
Student Records
Tax Records
Telephone Services (including Telephone Solicitation and Caller ID)
Testing in Employment (including Urinalysis, Genetic, and Blood Tests)

Appendix – Full Texts of Representative Statutes
Financial Modernization Act of 1999 provision on customer information
Federal Law on Electronic Surveillance
Georgia Law on Identity Theft
Maryland Law on Identity Theft

Appendix – Canadian Federal and Provincial Laws
____________

Sample entries from the chapter on Identity Theft:

Arkansas–Identity theft is a crime. Ark. Code Ann. 5-37-227.
California–Using another’s identity to purchase services or get medical information is a crime, as is the use of another’s identity to commit a crime. Cal. Penal Code sec. 530.5. Credit-card issuers must confirm changes of address involving offers by mail. Cal. Civ. Code sec. 1747.06 and 1747.9. Financial institutions, credit-card issuers, and utilities must provide information to victims about fraudulent applications using their identities. Sec. 1748.95. Victims may have a freeze put on their credit files. Sec. 1785.15. Others are prohibited from using an individual’s Social Security number to get services. Sec. 1798.85.
Colorado–Producing a false identification document is forgery. Colo. Rev. Stat. sec. 18-5-102.
Connecticut–“A person is guilty of identity theft when such person intentionally obtains personal identifying information of another person without the authorization of such other person and uses that information for any unlawful purpose including, but not limited to, obtaining, or attempting to obtain, credit, goods, services or medical information in the name of such other person without the consent of such other person. As used in this section, “personal identifying information” means a motor vehicle operator’s license number, Social Security number, employee identification number, mother’s maiden name, demand deposit number, savings account number or credit card number.” Conn. Stat. Ann. Sec. 53a-129a.
Delaware–Identity theft is a crime. Del. Code title 11, sec. 854.
Florida–“Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual’s consent, commits the offense of fraudulent use of personal identification information, which is a felony.” Fla. Stat. Ann. sec. 817.568.

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