ACLU Claims Privacy Violation in Business Search
It goes without saying that identity theft is on the list of many people’s financial concerns.
It’s also common knowledge that ID fraud is a crime that started out strong and just seems to be growing from there, with some predictions stating 2009 could be the heaviest ID crime year yet.
The obvious answer would seem to be that authorities should crack down, initiate more investigations and prosecute more ID theft and related crimes.
But could the movement toward government involvement in this across-the-nation crime be impinging on the privacy rights of some people, including those innocent of any wrongdoing?
Consumers Demand Greater Security Against ID Theft
There’s no doubt that identity theft has become a major contender among theft felonies in the U.S.
According to the Identity Theft Resource Center (www.idtheftcenter.org), a staggering 45 data breaches were already reported between Jan. 1 and Feb. 3 of this year. Also according to the ITRC, data breaches increased 47% in 2008 over the previous year.
Savvy consumers have upped their own personal security by watching their accounts more closely, as well as by investing in smart solutions such as credit monitoring systems.
But many individuals believe that the companies they deal with are secure, and that more government involvement can only help rather than hinder.
The issue that has emerged in the wake of tighter laws and federal involvement, however, is that in the eagerness to halt the growing crime of ID theft, innocent individuals are being stripped of their privacy.
A Case in Point
Amalia Cerrillo’s Weld County, CO-based translation and tax services business was unexpectedly searched last October by investigators with the Sherriff’s office for records showing fraudulent Social Security numbers.
Cerrillo’s business caters to individuals who wish to pay their taxes, and some of those workers may be illegals, according to the New York Times article that reported the incident.
In the minds of many, illegal or not, paying one’s taxes is the right thing to do, and there was no way for Cerrillo to know whether any of her clients weren’t actual U.S. citizens. And the question has arisen as to whether the search and seizure of records was more of a veiled attempt at weeding out illegal immigrants than a warranted part of what is known as Operation Numbers Game, spearheaded by local officials.
A different opinion states that illegal immigration is a problem that should be pursued if it is circumstantially discovered through similar busts…and that ID fraud needs to be stopped no matter what the method.
As for Cerrillo, “My clients want to do what any other American does,” she commented, with the intimation being that providing a safe service for those waiting for green cards to pay taxes can only be a boon to the economy, as well as a show of good faith on the part of the payers.
The Government Maintains its Stance
Ironically, stopping immigrants who have not yet become citizens or started the process with a green card could cost the U.S. financially in the long run, experts point out.
In fact, according to IRS data, some $50 billion was paid in taxes by illegals between 1996 and 2003.
Regardless, a felony is a felony, officials pointed out in the New York Times article. “I don’t care whether they are meth addicts or illegal immigrants. What matters most to me is that they are committing felonies through identity theft,” said District Attorney Ken Buck.
Caught in the Crossfire
But what about individuals who are citizens and who worked and paid their taxes legitimately?
The American Civil Liberties Union (ACLU) of Colorado believes innocent individuals’ privacy is being violated by such actions as the search on Cerrillo’s business, with tax records of literally thousands of individuals being combed over by the Sherriff’s Office investigators.
In that light, the ACLU filed a lawsuit in January to just that effect. The ACLU said it believes Weld County officials has violated the privacy of literally thousands.
Cerrillo herself does not face charges.
Should the Government Take Any and All Measures?
The question remains: in the very legitimate cause of derailing identity theft attempts, how far should the government be allowed to go? And whom should it be allowed to search in the spirit of “serving the greater good”?
We’d love to hear from you. Please speak out on either side of this very sensitive and increasingly important issue. We’d love to hear your comments on the Cerrillo case, other similar cases or the matter of government v. personal watchdogging in order to prevent ID theft.
