The Federal Trade Commission has released the 2005 statistics for the Top 10 Consumer Fraud Complaints.  Topping the list is Identity Theft, accounting for 37.2% of all complaints received last year.

Despite advanced high-technology security measures and strenuous efforts by many government and private entities, individuals still find their private and protected information accessed from public databases without proper authorization.  Breaches in protected data registries are a common occurrence.                 

Utah’s GRAMA (Government Records Access and Management Act) laws are designed to protect an individual’s right to privacy while allowing the public to access unprotected data collected by the state using a GRAMA request (i.e. name, home address, real property, etc.).  Often, statutorally, a fine line exists between a person’s right to privacy and the public’s right to know.  An individual’s Social Security number is considered a Protected Record. 

During the 2005 Legislative Interim, I served as a member of the GRAMA Task Force.  The Task Force was charged with the responsibility to comprehensively review our state’s GRAMA laws and provide recommendations to the Legislature for 2006 General Session consideration.  Access to and protection of an individual’s Social Security number was, without a doubt, the most impassioned point of debate in those committee meetings.

Social Security #’s for Sale

The impetus behind an inquiry I sent to Francine Giani, the Executive Director of the Utah Department of Commerce, was an e-mail I received from a constituent regarding an internet company claiming to sell individuals’ Social Security numbers. Ms. Giani immediately referred my inquiry to an investigator in her department, Mr. Michael Pitts.

I’d like to thank Mr. Pitts for his timely follow-up to my initial inquiry.  His rapid response is included below:

Dear Rep. Frank, 

I have conducted an investigation into the information that one can  obtain from www.zabasearch.com, per your inquiry, and have discovered  the following: This email was first disseminated about a year and a half ago and caused quite a stir.  It was discovered at that time that Zabasearch was  not selling social security numbers; however, they were acting as a repository for public information. The personal information that one can obtain from Zabasearch appears to be public information that anyone can obtain from the appropriate agency.  Zabasearch provides a “One-Stop Shopping” location for multiple agencies that retain public information.

I contacted Zabasearch on Friday, 4 Aug 06 and tried to obtain my brother’s social security number.  I was informed that they do not sell  information that is not public, such as social security numbers. I went to the link on their website – Intelius.com, which is a service that one pays for to obtain background checks, and other personal information.  when one goes to their website one can read the “Terms and Conditions” and “FAQs” for details concerning the personal information that one can purchase. 

I called Intelius and attempted to obtain a social security number.  I was informed that they do not provide social security numbers, as to do so is illegal.  If you have questions, please feel free to send me an email or you can call me at 801-xxx-xxxx, which rings at my desk. 

Sincerely, Michael Pitts – Investigator, Utah Division of Consumer Protection[Sorry, the letter didn't format correctly; however, all the content is included]The selling and unauthorized access to a person’s Social Security number is clearly illegal.  The Federal Trade Commission has a webpage resource if you find that your identity has been stolen. Also, if you find that your identity has been comprised (on a legal level), please contact the Utah Department of Commerce, Consumer Protection Division.