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Understanding Personally Identifying Information: A Legal Perspective
Definition & Meaning
Personally identifying information (PII) refers to any data that can be used to identify an individual. This includes details that can help locate, contact, or uniquely recognize a person. PII encompasses a wide range of information, such as names, addresses, phone numbers, and social security numbers. Understanding what constitutes PII is crucial, especially in legal contexts where the protection of personal data is paramount.
Table of content
Legal Use & context
PII is frequently referenced in various legal practices, including privacy law, data protection, and identity theft cases. It plays a significant role in civil law, particularly in lawsuits involving data breaches or unauthorized access to personal information. Individuals may encounter forms and procedures related to PII when dealing with identity theft, privacy violations, or when seeking to understand their rights under laws like the Privacy Act or the General Data Protection Regulation (GDPR).
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person's full name and social security number can be used to open a credit account in their name, leading to identity theft.
Example 2: An individual's address combined with their name can make them vulnerable to stalking or harassment (hypothetical example).
Relevant laws & statutes
One significant statute is 42 USCS § 13925, which defines personally identifying information in the context of protecting victims of domestic violence and stalking. This law outlines what constitutes PII and emphasizes the importance of safeguarding such information.
State-by-state differences
State
Specific Regulations
California
Strict data breach notification laws require businesses to inform individuals when their PII is compromised.
New York
Has specific laws regarding the protection of personal data, including the Stop Hacks and Improve Electronic Data Security (SHIELD) Act.
Texas
Requires entities to implement reasonable procedures to protect PII and notify individuals of breaches.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you believe your personally identifying information has been compromised, take immediate steps to protect yourself:
Monitor your financial accounts for unauthorized transactions.
Consider placing a fraud alert on your credit report.
Use US Legal Forms to find templates for reporting identity theft or notifying relevant authorities.
If necessary, seek professional legal assistance to navigate the complexities of your situation.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.