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Tory bill outlaws intent to commit identity theft

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CTV Newsnet Live: Torries announce the legislation
CTV Newsnet: David Fraser, privacy issues lawyer
CTV Newsnet: Canada's privacy commissioner Jennifer Stoddart shares her thoughts on the plan

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CTV.ca News Staff

Date: Wed. Nov. 21 2007 10:03 PM ET

The federal Tories tabled a bill Tuesday that would give authorities the power to arrest, charge, and convict people who intend to sell personal information as part of an identity theft scheme.

Currently, the law makes it illegal to misuse someone's personal information to create false identification or for other fraudulent purposes.

However, it is not against the law to collect, possess, or traffic another person's identity information.

The Conservatives want to amend the Criminal Code to make it an offence to possess someone's personal identifying information with the intent of selling it or using it to commit fraud.

Justice Minister Robert Nicholson said at a press conference on Wednesday that identity theft crimes usually involve groups of individuals taking part in various stages of a crime, each doing their own part.

He said the new legislation will help track down people participating in initial stage of identity fraud. He said that currently these individuals suffer few, if any, consequences under the law, even though they could reap large financial rewards.

Nicholson said that identity theft may cost Canadians more than $2 billion every year, but that figure does not include the true effects of the crime.

"Identity theft has an impact on the daily lives of Canadians," he said.

"It can affect our families, our businesses, our homes, our bank accounts, and our health. And that is quite apart from the enormous emotional impact that it has on its victims."

Canada's Privacy Commissioner Jennifer Stoddart told CTV Newsnet Wednesday that the new bill appears to be a step in the right direction in combating identity theft, which she said affects about 200,000 people each year.

"I have been calling for this for several years now -- that we move in the criminal code to be able to conceptualize the parts of ID crime a lot more precisely," Stoddart said.

She said the bill could "give police the powers that they need to try and apprehend different members of what is now usually organized ID theft rings."

Stoddart noted, however, that the bill should only be considered as one part of a wider strategy to combat identity theft. She said that identification systems and cards must be made safer and more accurate.

She added that the public must be educated to protect themselves, noting that simple things as keeping Social Insurance cards in a secure location rather than in wallets or purses go a long way to protect individuals.

Legal experts say the new bill could present some judicial challenges.

"I think there's always a challenge in proving intent but we have a number of offences in our Criminal Code where intent is an important portion of proving the charge," David Fraser, a lawyer that specializes in privacy issues, told CTV.ca.

"You can do that by looking at the totality of the circumstances -- you don't necessarily have to look directly into the head of the accused."

In 2006, almost 8,000 victims reported losses of $16 million to PhoneBusters, the Canadian Anti-fraud Call Centre.

"There are probably even more who don't report it... (and) there isn't mandatory reporting from the banks or the credit bureaus who might be the first to hear about it," said Fraser.

He said the Tory initiative will give law enforcement an additional tool to help them deal with identity theft offences.

However, Fraser said attention should also be given to ensuring that businesses properly secure personal information in the first place.

"That's one of the places where information often gets into the hands of identity thieves," he said.

"Another part of it might be simply to make it a little more challenging in order for credit granters to extend credit to individuals."

Consumers can also take practical steps to protect their information by regularly checking bank statements and shredding personal documents, said Fraser.

The identity theft legislation is the latest in a flurry of anti-crime initiatives the Tories have announced this week.

On Tuesday, the Harper government introduced new legislation proposing mandatory sentencing for individuals convicted of serious drug-related crimes.

Nicholson said the new bill is designed to impose tough sentences on Canadians profiting from organized crime and violence.

If passed, Bill C-2 will impose the first mandatory sentences under the Controlled Drugs and Substances Act for people convicted of drug-related crimes.

"We are committed to protecting Canadians, and today's legislation is one more part of our fighting crime agenda," Nicholson said.

On Monday, the Tories proposed changes to the Youth Criminal Justice Act.

The key proponents of their proposal are:

  • Tougher sentences
  • Allowing for pre-trial detention
  • Allow courts to consider deterrence and denunciation as objectives of youth sentences

Comments are now closed for this story

Frank Buchan
said

In terms of identity theft, it would be wiser to go further than they have. They should legally define valid use of vital information, and thereafter set up an auditor that can access company customer data to ensure compliance with those guides -- with hefty fines for violators. While at it, they should strictly define collection parameters so corporations stop collecting information unnecessarily.

That may sound Draconian, but the reality is the problem with identity theft is that the information is even being collected at all. And when we have banks as large as CIBC faxing identifying information, the tax department mailing out information to the wrong people, and companies like Winners "losing" their data to theft...the only thing that can force some rational compliance is probably law.


Todd
said

I wonder if financial penalties for money-based crime aren't a better idea. I'd love to see a drug dealer, con artist, ID thief, etc. lose an appropriate (depending on the crime but enough to make them hurt) amount of assets that are in their or their spouse/partner's name. If they don't have assets they should have their salaries penalized and/or lose access to welfare. Courts and jail time is an expensive deterent, and this way there'd be money for the government and/or victims. Let's face it, crime can pay very well so let's hit em (HARD) where it hurts...their wallets.


ed in Calgary
said

All businesses should be required by law to report evidence of potential theft of customer data, particularly if the data is beyond their immediate control (ie handled by a third party or exported outside of Canada). For instance, call centres located in other countries must have access to our data, but I've never been asked whether I consent to having my personal information sent around the world.


johninkitchener
said

Frank Buchan said (in part):
“While at it, they should strictly define collection parameters so corporations stop collecting information unnecessarily”.

Totally agree. Case in point: A few days ago I emailed one of the major TV Cable companies asking a question of a general nature.

Their return email said, in part:
In order for us to provide you accurate information and protect your security, we will require additional information. Please respond to this email with the following:
* Your contact number
* Your full address (including postal code)
* Your account number
* Your date of birth

Yeah, right: In order to protect your security, you need to give us more confidential information.

I questioned the need for all this, but received no answer.



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