To Shred or Not to Shred: Victims’ Decisions to Engage in Protective Behaviors Following Identity Theft Victimization

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Despite a growing body of research identifying several self-protective behaviors against identity theft victimization, it remains less clear what factors contribute to the adoption of these self-protective behaviors—potentially undermining the efficacy of policies aiming to promote these behaviors. Using data from the 2021 National Crime Victimization Survey Identity Theft Supplement ( n = 1,593), multivariate findings suggest that indicators of seriousness were associated with the decision to adopt self-protective behaviors, while distress was associated with certain self-protective behaviors. Moreover, findings suggested that income was positively associated with the odds of adopting certain self-protective behaviors, suggesting that financial barriers to self-protection against identity theft may exist. Findings are discussed in light of areas for future research as well as policy implications.

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IntroductionThis study explored the formation mechanism of consumers’ self-protective behavior during the COVID-19 pandemic, which is very important for policy settings to regulate consumer behavior. Based on the basic framework of the Protective Action Decision Model (PADM), this study analyzed the formation mechanism of consumers’ self-protective willingness from the perspective of risk information, and explained the deviation between consumers’ self-protective willingness and behavior from the perspective of protective behavior attributes.MethodsBased on 1,265 consumer survey data during the COVID-19 pandemic, the empirical test was carried out.Results and DiscussionThe amount of risk information has a significant positive impact on the consumers’ self-protective willingness, where the credibility of risk information plays a positive moderating role between them. Risk perception plays a positive mediating role between the amount of risk information and the consumers’ self-protective willingness, and the positive mediating effect of risk perception is negatively moderated by the credibility of risk information. In the protective behavior attributes, hazard-related attributes play a positive moderating role between the consumers’ self-protective willingness and behavior, while resource-related attributes play the opposite role. Consumers pay more attention to hazard-related attributes than resource-related attributes, and they are willing to consume more resources to reduce risk.

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The law of data breaches is new, dynamic, and evolving. The number and complexity of breaches increases each year and legal scholars, courts, and policymakers scramble to respond. In 2019, 14.4 million consumers became victims of identity theft, the most problematic consequence of data breaches for consumers. Indeed, one-third of all Americans have experienced identity theft at some point in their lives. Yet despite low-income groups comprising at least thirty percent of all identity theft victims, existing discourse and debate on the regulatory regime governing data breaches and identity theft primarily reflects the experiences and concerns of middle- and high-income groups. Debates remain uninformed by detailed analysis of how the use of illegally obtained data may uniquely harm low-income individuals and how these harms may be exacerbated for low-income victims who are Black. We lack careful theoretical assessment of the complex relationship between identity theft victimization and wider structures of inequality. This Article uses original data to fill these significant descriptive, theoretical, and normative gaps in the literature. It then turns toward exploring the common and understudied problem of aligning regulatory regimes with the needs of prototypical higher-income people, leaving those who are low-income to operate within a system that was not designed to help them—what I call plutocentric regulation. Finally, the Article proposes a new federal agency, the Data Privacy and Identity Recovery Agency (DPIRA), to streamline the process for identity theft victims and make the recovery process equitable for all victims, regardless of their income.

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Identity Theft
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Identity theft commonly refers to the illegal theft and misuse of another person’s identity information, resulting in a benefit to the offender or harm to the victim. With the rise of technological payment systems, identity theft increased dramatically in the 1990s and 2000s and impacts almost 1 in 10 adults annually. Identity theft can be difficult to measure, in part because few victims report it to law enforcement and government agencies and because victims often have limited knowledge about how their information was obtained and misused. Identity theft can involve the misuse of existing bank, credit, or other accounts, the creation of new accounts, or other fraudulent misuses of personal information. Moreover, the methods of acquiring identity information vary and include hacking, phishing, and stealing physical documents. While identity theft’s rise results from increasing technological reliance, the relative prevalence of online and offline forms remains unknown. The limited research on identity theft offenders finds that their motives and techniques vary, but that committing identity theft is usually a rational choice and that offenders often use techniques to neutralize identity theft behaviors. More research exists on identity theft victims, due, in part, to identity theft victimization surveys, which find that victims face a range of consequences and reporting options. Globally, both criminal and consumer protection laws have been implemented or modified to respond to identity theft, although victims must typically advocate for themselves to resolve identity theft’s consequences.

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