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Can you summarize MICL, Act 452 of 2004?
TRADE AND COMMERCE > IDENTITY THEFT PROTECTION ACT (445.61 - 445.79d)
Short Summary
The Identity Theft Protection Act under the Michigan Compiled Laws covers various aspects related to identity theft and fraudulent activities. It governs the handling of forfeited property, verification of information from vital records, notice of security breaches, distribution of deceptive advertisements or solicitations, prohibited acts related to identity theft and fraudulent communication, penalties for violations of the act, destruction of data containing personal information, and various prohibited acts related to identity theft and fraudulent activities. The act applies to reporting agencies, entities involved in forfeiture proceedings, law enforcement agencies, victims of identity theft, persons or agencies that own or license data included in a database, persons or agencies that maintain a database including data they do not own or license, persons engaged in trade or commerce, persons obtaining confidential telephone records, persons using or attempting to use another person’s personal identifying information, and persons engaging in fraudulent activities. Exemptions from forfeiture apply to certain providers such as telecommunication providers, internet service providers, computer network service providers, and interactive computer service providers, unless they are consenting parties or privy to a violation of the act. Conveyances used by common carriers are also exempt unless the owner or person in charge is a consenting party or privy to a violation. Conveyances encumbered by a bona fide security interest are subject to the interest of the secured party who did not have knowledge of or consent to the violation. Entities subject to or regulated under the insurance code of 1956 are exempt from certain provisions of the act. The penalties for violations of the Identity Theft Protection Act vary depending on the specific provision violated and can range from misdemeanor charges and civil fines to imprisonment for up to 15 years and fines up to $75,000.00.
Whom does it apply to?
The Identity Theft Protection Act applies to reporting agencies, entities involved in forfeiture proceedings, law enforcement agencies, victims of identity theft, persons or agencies that own or license data included in a database, persons or agencies that maintain a database including data they do not own or license, persons engaged in trade or commerce, persons obtaining confidential telephone records, persons using or attempting to use another person's personal identifying information, and persons engaging in fraudulent activities.
What does it govern?
The provided legal document is the Identity Theft Protection Act under the Michigan Compiled Laws. It governs the handling of forfeited property, verification of information from vital records, notice of security breaches, distribution of deceptive advertisements or solicitations, prohibited acts related to identity theft and fraudulent communication, penalties for violations of the act, destruction of data containing personal information, and various prohibited acts related to identity theft and fraudulent activities.
What are exemptions?
Exemptions from forfeiture apply to certain providers such as telecommunication providers, internet service providers, computer network service providers, and interactive computer service providers, unless they are consenting parties or privy to a violation of the act. Conveyances used by common carriers are also exempt unless the owner or person in charge is a consenting party or privy to a violation. Conveyances encumbered by a bona fide security interest are subject to the interest of the secured party who did not have knowledge of or consent to the violation. Entities subject to or regulated under the insurance code of 1956 are exempt from certain provisions of the act.
What are the Penalties?
The penalties for violations of the Identity Theft Protection Act vary depending on the specific provision violated. Penalties range from imprisonment for not more than 93 days or a fine of not more than $1,000.00 for the first violation of distributing deceptive advertisements or solicitations, to imprisonment for not more than 15 years or a fine of not more than $75,000.00, or both, for a third or subsequent violation of using another person's personal identifying information. Violations of other provisions may result in misdemeanor charges, civil fines, or other penalties as determined by the court.
Jurisdiction
Michigan