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sandy ingram

FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule - 0 views

  • “Congress needs to fix the unintended consequences of the legislation establishing the Red Flags Rule – and to fix this problem quickly.
  • The Rule was developed under the Fair and Accurate Credit Transactions Act, in which Congress directed the FTC and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft.
  • The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.
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  • The Rule became effective on January 1, 2008, with full compliance for all covered entities originally required by November 1, 2008.
  • Today’s announcement and the release of an Enforcement Policy Statement do not affect other federal agencies’ enforcement of the original November 1, 2008 deadline for institutions subject to their oversight to be in compliance.
  • If Congress passes legislation limiting the scope of the Red Flags Rule with an effective date earlier than December 31, 2010, the Commission will begin enforcement as of that effective date.
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    FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the "Red Flags" Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule. Today's announcement and the release of an Enforcement Policy Statement do not affect other federal agencies' enforcement of the original November 1, 2008 deadline for institutions subject to their oversight to be in compliance. "Congress needs to fix the unintended consequences of the legislation establishing the Red Flags Rule - and to fix this problem quickly. We appreciate the efforts of Congressmen Barney Frank and John Adler for getting a clarifying measure passed in the House, and hope action in the Senate will be swift," FTC Chairman Jon Leibowitz said. "As an agency we're charged with enforcing the law, and endless extensions delay enforcement." The Rule was developed under the Fair and Accurate Credit Transactions Act, in which Congress directed the FTC and other agencies to develop regulations requiring "creditors" and "financial institutions" to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have "covered accounts" to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities - known as "red flags" - that could indicate identity theft. The Rule became effective on January 1, 2008, with full compliance for all covered entities originally required by November 1, 2008. The Commission has issued several Enforcement Policies delaying enforcement of the Rule. Most recently, the Commission announced in October 2009 that at the request of certain Members of Congress, it was delaying enforcement of the Rule until June 1, 2010, to allow Congress time to finalize leg
sandy ingram

FTC Delays Enforcement of Red Flags Rule Fifth Time at the request of Congress - 0 views

  • “The Commission urges Congress to act quickly to pass legislation that will resolve any questions as to which entities are covered by the Rule and obviate the need for further enforcement delays.  If Congress passes legislation limiting the scope of the Red Flags Rule with an effective date earlier than December 31, 2010, the Commission will begin enforcement as of that effective date.”
  • The issue regarding the delays in FTC enforcement relates to “scope of entities covered by the Rule,” as indicated in the FTC news release.  Congress is taking action[2]:
  • “House lawmakers in October [2009] passed H.R. 3763[3], which would exclude from the Red Flags guidelines meaning of ‘creditor’ any healthcare, accounting, or legal practice with 20 or fewer employees, as well as any other business which the FTC determines knows all its customers or clients individually; only performs services in or around the residences of its customers; or hasn’t experienced incidents of ID theft, and identity theft is rare for businesses of that type.  An identical bill, S.3416 was introduced in the Senate on May 25 [2010].” A lawsuit was filed in federal court on May 21, 2010, to accomplish a similar objective of narrowing scope of entities covered by the Rule. 
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    "At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the 'Red Flags' Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule.  Today's announcement and the release of an Enforcement Policy Statement do not affect other federal agencies' enforcement of the original November 1, 2008 deadline for institutions subject to their oversight to be in compliance….
sandy ingram

FTC Announces Expanded Business Education Campaign on 'Red Flags' Rule - 0 views

  • The Red Flags Rule is an anti-fraud regulation, requiring “creditors” and “financial institutions” with covered accounts to implement programs to identify, detect, and respond to the warning signs, or “red flags,” that could indicate identity theft. The financial regulatory agencies, including the FTC, developed the Rule, which was mandated by the Fair and Accurate Credit Transactions Act of 2003 (FACTA).
  • The FTC’s Red Flags Web site, www.ftc.gov/redflagsrule, offers resources to help entities determine if they are covered and, if they are, how to comply with the Rule. It includes an online compliance template that enables companies to design their own Identity Theft Prevention Program through an easy-to-do form, as well as articles directed to specific businesses and industries, guidance manuals, and Frequently Asked Questions to help companies navigate the Rule.
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    The three-month extension, coupled with this new guidance, should enable businesses to gain a better understanding of the Rule and any obligations that they may have under it. These steps are consistent with the House Appropriations Committee's recent request that the Commission defer enforcement in conjunction with additional efforts to minimize the burdens of the Rule on health care providers and small businesses with a low risk of identity theft problems. Today's announcement that the Commission will delay enforcement of the Rule until November 1, 2009, does not affect other federal agencies' enforcement of the original November 1, 2008, compliance deadline for institutions subject to their oversight.
sandy ingram

Privacy and Security | BCP Business Center - 0 views

  • Behavioral Advertising Online behavioral advertising – the practice of tracking someone’s online activities to deliver targeted advertising – can raise potential privacy issues.  Do you disclose your practices to your customers and honor your promises? Children’s Online Privacy The Children’s Online Privacy Protection Act (COPPA) gives parents control over what information websites can collect from their kids. If you run a website designed for kids or have a website geared to a general audience but collect information from someone you know is under 13, you must comply with COPPA’s two main requirements. Credit Reports Does your business use credit reports to evaluate customers’ credit worthiness? Do you consult credit reports when considering evaluating applications for jobs, leases, and insurance? Here is information about your responsibilities when using, reporting, and disposing of information in those credit reports. Data Security Many companies keep sensitive personal information about customers or employees in their files. Having a sound security plan in place can help you meet your legal requirements to protect that sensitive information. Gramm-Leach-Bliley Act The Gramm-Leach-Bliley Act requires financial institutions – companies that offer consumers financial products or services like loans, financial or investment advice, or insurance – to explain their information-sharing practices to their customers and to safeguard sensitive data. Health Privacy If you offer or maintain personal health records online, you could be covered by the FTC’s Health Breach Notification Rule. Are you familiar with your legal obligations in case of a security mishap? Red Flags Rule The Red Flags Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs  – or red flags – of identity theft in their day-to-day operations.
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    "Privacy and Security For many companies, collecting sensitive consumer and employee information is an essential part of doing business. If you collect this type of information, it's your legal responsibility to take steps to properly secure or dispose of that data."
sandy ingram

FTC Red Flags Evaluation_for Low Risk Businesses - 0 views

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    Complying with the Red Flags Rule: A Do-It-Yourself Prevention Program for Businesses and Organizations at Low Risk for Identity Theft
sandy ingram

Cracking Down on ID Theft: A Case for Cloud Computing - 0 views

  • The PCI Security Standards Council created the criteria, but the five leading credit card companies each maintain their own compliance and enforcement programs
  • and each has its own way to validate compliance.
  • In many cases, banks or merchant service providers are now sending letters to organizations that have smaller payment card transaction levels and asking them to prove they are compliant by completing a self-assessment questionnaire,
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  • If an organization can meet all of the requirements of PCI, it's going to be in great shape when it comes to HIPAA security compliance,"
  • The PCI standard applies only to those systems and applications used for storage, processing or transmission of cardholder data,
  • any organization that accepts credit and/or debit cards must comply with the Payment Card Industry Data Security Standard, but many hospitals and clinics have overlooked this obligation, says security expert Tom Walsh
  • Red Flags Compliance
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    In many cases, banks or merchant service providers are now sending letters to organizations that have smaller payment card transaction levels and asking them to prove they are compliant by completing a self-assessment questionnaire, he explains.
sandy ingram

Health care providers anticipate new audit program - 0 views

  • New audit program
  • Another development affecting hospitals will be the nationwide implementation of the Medicare Recovery Audit Contractor (RAC) Audit program, Jesson noted. After testing the program in three states over the past three years, RAC auditors will begin auditing hospitals in Minnesota and other states for Medicare or Medicare fraud.
  • The federal government recently offered additional incentives to states that adopt laws that parallel the False Claims Act.
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  • Data privacy is another hot-button issue for health care consumers, providers and regulators
  • a Minneapolis attorney, expects to see stepped up reinforcement of so-called “red flag rules” under the Health Insurance Portability and Accountability Act to prevent identity theft from health care providers and their patients.
  • health care organizations need to address three primary areas
  • making sure they have ID-theft prevention programs in place;
  • requirements relating to credit reports;
  • requirements related to the use of debit cards, credit cards and “smart” cards.
  • expects to see greater enforcement and “stiffening” of Medicare and Medicaid reimbursement:
  • As the current economic downturn continues, DeLoss also foresees another trend which should keep health law attorneys occupied in the coming year: more consolidation among medical practices.
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    Another development affecting hospitals will be the nationwide implementation of the Medicare Recovery Audit Contractor (RAC) Audit program, Jesson noted. After testing the program in three states over the past three years, RAC auditors will begin auditing hospitals in Minnesota and other states for Medicare or Medicare fraud.
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