2017 ORS 646A.606¹
Security freeze
  • requirements
  • fee
  • proof of authority
  • effect

Caution-flag-2-25x25
This section is amended
Effective June 2, 2018
Relating to actions after a breach of security that involves personal information; creating new provisions; amending ORS 646A.602, 646A.604, 646A.606, 646A.608, 646A.610 and 646A.622; and prescribing an effective date.

(1) A consumer may elect to place a security freeze on the consumer’s consumer report or, if the consumer is a representative, on a protected consumer’s consumer report or protective record by sending a written request to a consumer reporting agency at an address the agency designates to receive such requests, or a secure electronic request at a website the agency designates to receive such requests if the consumer reporting agency, at the agency’s discretion, makes a secure electronic method available.

(2) If the consumer or protected consumer is the victim of identity theft or has reported a theft of personal information to a law enforcement agency, the consumer or representative may include a copy of the police report, incident report or identity theft declaration.

(3)(a) The consumer or representative must provide proper identification and any fee authorized by ORS 646A.610 (Permissible fees).

(b)(A) In addition to the information and fee described in paragraph (a) of this subsection, a representative who seeks to place a security freeze on a protected consumer’s consumer report or protective record shall provide sufficient proof of the representative’s authority to act on the protected consumer’s behalf.

(B) For purposes of subparagraph (A) of this paragraph, sufficient proof of authority consists of:

(i) A court order that identifies or describes the relationship between the representative and the protected consumer;

(ii) A valid and lawfully executed power of attorney that permits the representative to act on the protected consumer’s behalf; or

(iii) A written affidavit that the representative signs and has notarized in which the representative expressly describes the relationship between the representative and the protected consumer and the representative’s authority to act on the protected consumer’s behalf.

(4)(a) Except as provided in ORS 646A.614 (Effect of security freeze on use of consumer reports or protective records), if a security freeze is in place for a consumer report, information from the consumer report may not be released without prior express authorization from the consumer.

(b) Information from a protective record may not be released until the protected consumer for whom the consumer reporting agency created the protective record, or a representative of the protected consumer, removes the security freeze.

(5) This section does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report or protective record. [2007 c.759 §4; 2013 c.415 §2]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.