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Australian Legislation Against Identity Theft Not Extensive Enough

In trying to stem the problem of identity theft, Australia is enacting new legislation:

“The State Government is cracking down on identity theft, a crime that affected half a million Australians last year.

Acting Premier Rob Hulls said new legislation would beef up protection against identity theft and help in the prosecution of identity crime.”

link: Government beefs up fight against identity theft

This legislation targets creating identities and trafficking in identity information. Further legislation is needed to prosecute companies and organizations that fail to take adequate steps to safeguard private, confidential information. These basic steps would include such things as adequate record keeping and encryption. For example, sometimes a laptop is stolen or misplaced and there is not sufficient information on what data were on the hard drive. Of course, the company offers a lower estimate than what is actually on the machine. Furthermore, encryption of data bases should be a mandated requirement with sufficient penalties that make enforcement meaningful.

One of the reasons that such basic legislation is avoided is that often the government would be legislating against itself. Governments are one of the worse offenders in not having adequate security of confidential, sensitive data. It should be no surprise then that extensive legislation is not readily enacted.

Catherine Forsythe

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