09/11/2007

News / Notaries doing their part to prevent identity theft

I have harped and harped on the importance of consumers, government and business all doing their part to protect our sensitive personal information from identity thieves.

Score one for government. Under a little-known rule in Texas that took effect in April, notaries public may not record in their ledger, or book of record, the numbers on an identification document, such as your driver's license, Social Security card or passport.

They can ask to see that information before notarizing your document, but they may record only your name and address.

The only exception is those who notarize court documents.

The change was brought to my attention by officials at the office of Dallas County District Clerk Gary Fitzsimmons. They were inundated when school started by parents seeking notarization of liability waivers and other forms required for their child's participation in extracurricular activities.

Mr. Fitzsimmons said his deputy clerks, who notarize documents for Dallas County district courts, are among the few notaries in Texas still allowed to record numbers from driver's licenses, Social Security cards, passports or any other numbered identification that might be used in identity thefts.

A notary public is a public officer who authenticates documents by putting the notary's seal on the document.

The ledger is the public record book in which a notary is required by law to record the date, name of the document being notarized, along with the name and address of the signer.

The Texas secretary of state's office, which commissions notaries public, issued the rule prohibiting notaries from recording information except addresses.

The regulation is aimed at preventing identity theft. State officials say they know of no instances in which personal data have been stolen from the ledgers of notaries public.

Still, "the prevalence of that [identity theft] continues to grow, and any place where we can cut that off, it is appropriate for us to do that," said Scott Haywood, spokesman for Secretary of State Phil Wilson.

Mr. Fitzsimmons said his office needs to protect individuals' personal information.

"Identity theft is a massive problem on a global scale, but there are some simple precautions that we can take on a local level to help prevent it," he said. "Our notaries have the right to record driver's license and Social Security numbers, but most are opting not to do so because of the possibility of theft. Everyone who needs to have papers of any sort notarized should be alert to the danger of notaries' writing this information anywhere that could be accessed by thieves."

For Marsha Bills, Mr. Fitzsimmons' executive assistant and a notary, identity theft hit close to home.

About six months ago, someone hijacked her debit card number to download 200 songs to an iPod. At 99 cents a song, that amounts to almost $200.

"The card was never out of my possession," Ms. Bills said. "I use it to purchase everything. They could have gotten it anywhere."

She shut down the card and wasn't liable for the charges.

Ms. Bills supports the new notary rule.

"I don't want to expose anybody to identity theft," she said. "I also know what it's like to be a victim. I have a sense of obligation to help people protect their information. Some people don't understand how vulnerable they are by giving this information."

Ms. Bills now records only names and addresses of people who bring in documents to be notarized.

"I fall into the 'only' category – those notarizing court documents – who can still write down driver's license and Social Security numbers, but I choose not to do so because I don't want to be in possession of a book full of material that could be used in identity theft," Ms. Bills said.

The new rule also applies to notaries who don't work for a government agency.

"Notaries at office service stores or other locations are required to look at identification to verify signatories' identities, but the notaries may not write the information in their ledgers," Mr. Fitzsimmons said.

This rule has more impact on the public than you would think. People typically don't interact with notaries public until they need their services, but when they do, notaries play an important role.

When my terminally ill father gave me power of attorney over his business affairs, we had the document notarized.

Parents, you'll be getting to know your friendly notary pretty well during the school year.

Most schools require waivers of liability and other documents to be notarized to prevent students' forging their parents' signatures.

Be vigilant about who's recording your personal information.

"Don't let them write down anything but your name and address," Ms. Bills said. "It's not the notary you have to worry about; it's the person who picks up the book."

This is a good step by government to guard the personal data of the public. Slowly but surely, government is doing its part.

At the federal level, the Federal Trade Commission is seeking comments on the uses of Social Security numbers in the private sector in an effort to reduce identity theft, which often relies on stolen Social Security numbers.

Several pending congressional proposals – including one by Rep. Sam Johnson, R-Plano, and Rep. Michael McNulty, D-N.Y. – would restrict the sale, purchase and display of Social Security numbers.

An overwhelming number of Americans want the government to restrict the use of Social Security numbers, and rightly so.

Your Social Security number is the key to unlocking your financial identity.

http://www.dallasnews.com/sharedcontent/dws/bus/columnists/pyip/stories/DN-moneytalk_10bus.ART.State.Edition1.35a886c.html

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