Data brokers like National Public Data typically get their information by scouring federal, state and local government records. Those government files include voting registries, property filings, marriage certificates, motor vehicle records, criminal records, court documents, death records, professional licenses, bankruptcy filings, and more.
Americans may believe they have the right to opt out of having these records collected and sold to anyone. But experts say these underlying sources of information — the above-mentioned “public” records — are carved out from every single state consumer privacy law. This includes California’s privacy regime, which is often held up as the national leader in state privacy regulations.
You see, here in America, virtually anyone can become a consumer data broker. And with few exceptions, there aren’t any special requirements for brokers to show that they actually care about protecting the data they collect, store, repackage and sell so freely.
In February 2023, PeopleConnect, the owners of the background search services TruthFinder and Instant Checkmate, acknowledged a breach affecting 20 million customers who paid the data brokers to run background checks. The data exposed included email addresses, hashed passwords, first and last names, and phone numbers.
In 2019, malicious hackers stole data on more than 1.5 billion people from People Data Labs, a San Francisco data broker whose people-search services linked hundreds of millions of email addresses, LinkedIn and Facebook profiles and more than 200 million valid cell phone numbers.
These data brokers are the digital equivalent of massive oil tankers wandering the coast without GPS or an anchor, because when they get hacked, the effect is very much akin to the ecological and economic fallout from a giant oil spill.
It’s an apt analogy because the dissemination of so much personal data all at once has ripple effects for months and years to come, as this information invariably feeds into a vast underground ocean of scammers who are already equipped and staffed to commit identity theft and account takeovers at scale.
It’s also apt because much like with real-life oil spills, the cleanup costs and effort from data spills — even just vast collections of technically “public” documents like the NPD corpus — can be enormous, and most of the costs associated with that fall to consumers, directly or indirectly.
WHAT SHOULD YOU DO?Should you worry that your SSN and other personal data might be exposed in this breach? That isn’t necessary for people who’ve been following the advice here for years, which is to freeze one’s credit file at each of the major consumer reporting bureaus. Having a freeze on your files makes it much harder for identity thieves to create new accounts in your name, and it limits who can view your credit information.
The main reason I recommend the freeze is that all of the information ID thieves need to assume your identity is now broadly available from multiple sources, thanks to the multiplicity of data breaches we’ve seen involving SSN data and other key static data points about people.
But beyond that, there are numerous cybercriminal services that offer detailed background checks on consumers, including full SSNs. These services are powered by compromised accounts at data brokers that cater to private investigators and law enforcement officials, and some are now fully automated via Telegram instant message bots. Meaning, if you’re an American who hasn’t frozen their credit files and you haven’t yet experienced some form of new account fraud, the ID thieves probably just haven’t gotten around to you yet.
All Americans are also entitled to obtain a free copy of their credit report weekly from each of the three major credit bureaus, through the website annualcreditreport.com. It used to be that consumers were allowed one free report from each of the bureaus annually, but in October 2023 the Federal Trade Commission announced the bureaus had permanently extended a program that lets you check your credit report once a week for free. If you haven’t done this in a while, now would be an excellent time to order your files.
Either way, review the reports and dispute any errors you may find. Identity theft and new account fraud is not a problem that gets easier to solve by letting it fester.