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On December 18, 2010, President Obama signed into law the Red Flag Program Clarification Act. The new law limits the circumstances in which creditors are covered by the Red Flags Rule. The FTC is revising the materials on its website to reflect the change in the law. The FTC also released a statement regarding the House and Senate passage of legislation clarifying the Red Flags Rule on December 8, 2010.

The FTC's Red Flags website offers resources to help entities determine if they are covered and, if they are, how to comply with the Rule. It includes an online compliance template that enables companies to design their own Identity Theft Prevention Program through an easy-to-do form, as well as articles directed to specific businesses and industries, guidance manuals, and Frequently Asked Questions to help companies navigate the Rule. EDUCAUSE also has sample campus policies and programs available on this page.

October 2008 Red Flags Webcast

Creating a Compliance Program for Identity Theft Rules

October 22, 2008 - Red Flags Webcast (Archived)

Speaker: Naomi Lefkovitz, Attorney, Division of Privacy and Identity Protection, Federal Trade Commission

Summary: New federal regulations to address identity theft go into effect November 1, 2008, and are likely to affect colleges and universities in nuanced ways. Compliance will require careful study and collaboration among business officers, human resources, legal counsel, student services, IT, and other affected campus units. The rules require users of consumer reports to develop reasonable policies and procedures to apply when they receive a notice of address discrepancy from a consumer reporting agency. They also require that institutions develop and implement an Identity Theft Prevention Program for combating identity theft in connection with new and existing accounts.

Who is subject to and must comply with the regulations on ID Theft Red Flags and Notices of Address Discrepancy? What business practices at colleges and universities are covered by the rules? What are some of the things that entities subject to the rules must do? What role does IT play in compliance with the rules? What are the penalties for failure to comply? This webcast will address these and many other questions, in addition to providing an online forum for community collaboration and sharing.

Powerpoint Slides:

References:

Sample Campus Policies for FTC "Red Flags" Rules

Updated February 2011

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