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The Barbie Case - The Arthur Page Society

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Arguments can be made on both sides of the issue. <strong>The</strong> quick<br />

accessibility of information on the Internet in many cases has<br />

allowed for an easier and more efficient lifestyle. Businesses<br />

that track our buying behavior are more capable of pointing<br />

us in the direction of other items we may want and often<br />

offer us discounts on frequently purchased products. And as<br />

more records are put online by government the faster we can<br />

get a hold of duplicate records such as birth certificates and<br />

voter registration cards when we need them. Companies like<br />

ChoicePoint have provided many benefits to society as they<br />

have actively participated in finding many abducted children,<br />

have helped track down numerous deadbeat dads, and have<br />

provided information to law enforcement agencies that has<br />

led to the arrest of criminals. 21<br />

On the other hand, privacy advocacy groups such as Privacy<br />

Rights Clearinghouse point out that this enhanced<br />

accessibility to personal information makes us vulnerable to<br />

not only identity theft but also incorrect data profiles. One of<br />

the biggest problems with aggregating information from a<br />

variety of sources is errors and omissions in the data. <strong>The</strong>se<br />

mistakes and holes in someone’s profile create opportunity<br />

for misunderstandings between the party using the<br />

information and the individual that is portrayed. This can<br />

especially be a problem when the incorrect profiles are used<br />

in the hiring and credit granting decisions, as the individual<br />

does not get a chance to review their information. Privacy<br />

Rights Clearinghouse quotes <strong>The</strong> Unwanted Gaze: <strong>The</strong><br />

Destruction of Privacy in America by Jeffrey Rosen.<br />

“Privacy protects us from being misdefined and judged<br />

out of context in a world of short attention spans, a<br />

world in which information can easily be confused with<br />

knowledge.” 22<br />

One thing known for sure is that personal information that<br />

gets into the hands of the wrong people can prove harmful to<br />

both our pocket books and our reputations. Identity theft is<br />

one of the fastest growing crimes in the United States.<br />

According to a Federal Bureau of Investigation report, in<br />

upwards of 900,000 people are victims of credit theft in this<br />

nation each year. 23 At an average cost of $1,000 for victims to<br />

repair the destruction done by identity theft, this delinquency<br />

is costly to the individual and at an average cost to financial<br />

institutions of $6,767 per crime, it puts a toll on the<br />

economy. 24 To make matters worse, a survey done by <strong>The</strong><br />

Privacy Rights Clearinghouse showed that 12% of identity<br />

theft victims suffered damage done to their good names and<br />

were left with unjust criminal records due to the thieves’<br />

activity. 25<br />

arthur w. page society<br />

ChoicePoint’s Actions<br />

A public announcement by ChoicePoint is inevitable. With<br />

the arrest of one of the identity thieves, the LASD’s<br />

investigations will begin to wrap up soon. Whether<br />

instructions were to start disclosing the security breach in<br />

November or January, it remains clear that at some point<br />

ChoicePoint will have to go public with the problem. How<br />

should ChoicePoint come out with the information? Should<br />

ChoicePoint inform only those Californians that may be<br />

affected by the breach? Which individuals or groups should<br />

ChoicePoint be concerned with as they make the<br />

announcement? What changes, if any, should ChoicePoint<br />

make in the future? As they get closer and closer to the public<br />

announcement, these questions and more will have to be<br />

answered by James Lee and the communications team at<br />

ChoicePoint.<br />

Public Disclosure, Finally<br />

On February 14, 2005, ChoicePoint, Inc., the Alpharetta, Ga.based<br />

data collection giant who suffered a security breach in<br />

late September of 2004, finally disclosed the problem to the<br />

public. As letters were sent out, by law, to the 35,000<br />

California residents who were potential victims of identity<br />

theft, ChoicePoint made the internal decision to also send<br />

letters of notification to 110,000 additional Americans who<br />

were potential victims. Of the 145,000 potential victims,<br />

authorities were certain that at least 750 had become victims<br />

of identity theft. 26 ChoicePoint was not required by law to<br />

notify the potential victims in the other 49 states, but it made<br />

the internal decision to do so because ChoicePoint knew that<br />

the moment the California letters were sent out the spotlight<br />

was going to turn quickly and brightly to every aspect of their<br />

operations for the foreseeable future. And ChoicePoint was<br />

right. Public disgust, media fire, and, as a result of the two,<br />

heat from legislators are now just a few of the very difficult<br />

obstacles facing ChoicePoint as the debate over privacy<br />

becomes a central issue in American society and American<br />

politics.<br />

What Went Wrong Inside ChoicePoint<br />

More than fifty phony businesses were created by identity<br />

thefts to exploit ChoicePoint’s systems and commit identity<br />

theft. Posing as legitimate insurance agencies, check-cashing<br />

companies, and other outfits that would have normally been<br />

allowed to subscribe to ChoicePoint’s services, the identity<br />

thefts gained access to the 19 billion data files that<br />

ChoicePoint has complied in its databases. 27 Once inside a<br />

thief has access to seemingly endless amounts of personal<br />

information on nearly every American adult. Current and<br />

former addresses, credit information, employment history,<br />

31

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