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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
DIVISION OF FINANCE AND CORPORATE SECURITIES

 

DIVISION 646

IDENTITY THEFT

441-646-0010

Definitions

As used in ORS 646A.600 to 646A.628 and this division 646, unless the context requires otherwise:

(1) “Continuing violation” means the same activity extending longer than one day that violates the Oregon Consumer Identity Theft Protection Act.

(2) “Harm,” for purposes of the notification requirement, is limited to monetary loss.

Stat. Auth.: ORS 646A.626
Stats. Implemented: ORS 646A.604; 646A.624
Hist.: FCS 10-2008, f. & cert. ef. 11-5-08

441-646-0020

Expenses of Providing Notification

(1) A person may calculate the expenses of providing notification by including reasonable and necessary expenses for:

(a) Staff time to generate a contact list of affected consumers;

(b) Paper to be used to print the notice;

(c) Printing or photocopying costs;

(d) Envelopes to be used to mail the notice; and

(e) First-class postage.

(2) A person may not include the following costs to calculate the expenses of providing notification:

(a) Attorney fees to draft or review the notice; or

(b) Toll-free telephone line to be made available to consumers with additional questions.

Stat. Auth.: ORS 646A.626
Stats. Implemented: ORS 646A.604
Hist.: FCS 10-2008, f. & cert. ef. 11-5-08

441-646-0030

Use of Social Security Number

(1) Materials or documentation of a transaction or service are requested by a consumer when the consumer initiated the contact with the person that mails the documents to the consumer, such as a loan application started by the consumer by telephone, tax returns prepared from information the consumer left with a tax preparer, or periodic updated or renewal materials for a product or service purchased by the consumer.

(2) A person that prints a Social Security number on materials mailed to a consumer concerning a transaction or service requested by the consumer may not print the Social Security number on any part of the materials visible to the general public.

(3) When the consumer does not initiate contact with the person, and there is no federal or state law requiring the Social Security number to be printed on the materials, a person may not print the consumer’s unredacted Social Security number on materials mailed to the consumer.

(4) A person may use or print a Social Security number for internal verification or administrative purposes, including materials sent outside of the person’s business, when the SSN is not visible to, or accessible by, the general public.

(5) Persons are strongly encouraged to use a number other than the consumer’s Social Security number to identify the consumer. If a person does use the consumer’s Social Security number for identification, the person’s plan to safeguard personal information under ORS 646A.622, including Social Security numbers, must specify reasonable procedures that:

(a) Prevent unauthorized access to the Social Security number; and

(b) Require electronic or physical transmission of the Social Security number to persons outside of the person’s business to be accomplished through secure means, such as encryption or the use of a redacted Social Security number.

Stat. Auth.: ORS 646A.626
Stats. Implemented: ORS 646A.620, 646A.622
Hist.: FCS 10-2008, f. & cert. ef. 11-5-08

441-646-0040

Safeguarding of Personal Information

Protecting the security, confidentiality and integrity of personal information extends to:

(1) Electronic and paper methods of storing personal information;

(2) Electronic, paper and verbal methods of transmitting personal information; and

(3) All methods of disposing of personal information.

Stat. Auth.: ORS 646A.626
Stats. Implemented: ORS 646A.622
Hist.: FCS 10-2008, f. & cert. ef. 11-5-08

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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