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What is Personal Identifiable Information (PII) and what makes it so valuable?
The Department of Homeland Security defines Personally Identifiable Information or PII as “any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual…”.
When used alone or with other relevant data, Personally Identifiable Information (PII) is information that anyone can use to potentially identify an individual without their knowledge or consent.
Some examples of indirect (non-sensitive) personally identifiable information include:
- Religion
- Race
- Gender
- Date of birth
- Place of birth
Sensitive personally identifiable information includes information such as:
- Full name
- Driver’s license
- Mailing address
- Social Security Number (SSN)
- Credit card information
Personal data encompasses a broader range of contexts than PII–including an IP address, device ID numbers, browser cookies, online aliases, etc. that can be collected by following a website user’s digital footprint.
In order to ensure the integrity of a website user’s identity, PII and personal information must be kept private and controlled by policy–because with just a few elements of personal information, online operatives can create false accounts in a user’s name, accumulate debt by opening credit cards, and even share or sell a website user’s identity to a potential criminal.
More about the Law and why consumers may be entitled to compensation
According to Congress.gov, a specific bill was created to prevent what the government website refers to as "wrongful disclosure of video tape rental or sale records [or similar audio visual materials, to cover items such as video games and the future DVD format]."
This Law has several critical provisions, that include:
- A general ban on the disclosure of personally identifiable rental information unless the consumer consents specifically and in writing.
- Exclusion of evidence acquired in violation of the Act.
- Disclosure of "genre preferences" along with names and addresses for marketing, but allowing customers to opt out.
- Civil remedies, including possible punitive damages and attorneys fees, not less than $2500.
Congress amended the Law in 2013 to provide that disclosure of this information to third parties is lawful only if:
- The consumer gives ‘informed, written consent (including through an electronic means);
- The consent is given in a form separate from any form setting forth other obligations of the consumer;
- The consent is given at the time the disclosure is sought, or in advance for a set period of time up to 2 years.
The user has to be given the opportunity, in a clear and conspicuous manner, to elect to withdraw on a case-by-case basis or from ongoing disclosures–which is a rule that the Patreon® online website is suspected of not complying with.
The USA Assistance Team believes that all consumers that have viewed videos on the Patreon® website and potentially had "Personal Identifiable Information" shared without permission should receive compensation and justice.
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