Text: SF02199 Text: SF02201 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 716.6C UNAUTHORIZED COLLECTION
1 2 AND DISCLOSURE OF PERSONAL INFORMATION BY COMPUTER – CRIMINAL
1 3 PENALTY – CIVIL CAUSE OF ACTION.
1 4 1. A person who knowingly makes available computer
1 5 software or provides access to any interactive computer
1 6 service that includes a capability to collect identifying
1 7 personal information about the user of the computer software
1 8 or interactive computer service and who discloses, directly or
1 9 via the computer software or interactive computer service,
1 10 such identifying personal information to any person other than
1 11 the user commits an aggravated misdemeanor unless clear notice
1 12 is given to the user during the initial execution, start-up,
1 13 installation, download, configuration, or operation of the
1 14 computer software or interactive computer service regarding
1 15 all of the following:
1 16 a. The capability of the software or service to transmit
1 17 or disclose identifying personal information to persons other
1 18 than the user.
1 19 b. The identifying personal information subject to
1 20 collection and the name and address of each person with whom
1 21 such computer software or interactive computer service will
1 22 communicate other than the user.
1 23 c. Instructions on how to disable such capability to
1 24 transmit information to persons other than the user without
1 25 affecting the performance or operation of the computer
1 26 software or computer service.
1 27 2. The county attorney or an aggrieved person may
1 28 institute civil proceedings against any person in district
1 29 court seeking relief from conduct constituting a violation of
1 30 this section or to prevent, restrain, or remedy such a
1 31 violation.
1 32 3. This section shall not apply to persons making
1 33 available computer software or interactive computer service
1 34 that is reasonably needed to do any of the following:
1 35 a. Determine whether or not the user is a licensed or
2 1 authorized user of the software.
2 2 b. Provide technical support for the use of such software
2 3 or computer service upon request of the user.
2 4 c. For any legitimate law enforcement purpose as
2 5 authorized by applicable federal, state, or local law.
2 6 d. To enable an employer to monitor employee computer
2 7 usage while such employee is within the scope of any
2 8 employment as authorized by applicable federal, state, or
2 9 local law.
2 10 4. As used in this section, the following definitions
2 11 shall apply:
2 12 a. "Identifying personal information" means information
2 13 that personally identifies a user of computer software or
2 14 interactive computer service, including but not limited to any
2 15 of the following:
2 16 (1) Name.
2 17 (2) Address, including the street name or name of city or
2 18 town.
2 19 (3) The electronic mail address of the user.
2 20 (4) Telephone number.
2 21 (5) Social security number.
2 22 (6) Credit card number, expiration date, or other personal
2 23 identification number, password, or access code for the credit
2 24 card.
2 25 (7) Birth date, birth certificate identification number,
2 26 or place of birth.
2 27 (8) Any other information identifying an individual.
2 28 b. "Interactive computer service" means an information
2 29 service or system that provides computer software or enables
2 30 computer access to a computer service or network, including
2 31 specifically a service or system that provides access to the
2 32 internet or to software services on the internet, and such
2 33 systems operated or services offered by a library or an
2 34 educational institution.
2 35 EXPLANATION
3 1 This bill establishes a criminal offense of unauthorized
3 2 collection and disclosure of personal information by computer,
3 3 and provides for a civil cause of action.
3 4 A person commits the crime of unauthorized collection and
3 5 disclosure of personal information by computer by making
3 6 available or providing access to computer software or an
3 7 interactive computer service that collects identifying
3 8 personal information and discloses such identifying personal
3 9 information to persons other than the user without first
3 10 giving the user notice of the following: the capability of
3 11 the software or service to transmit or disclose identifying
3 12 personal information, the information subject to collection
3 13 and the name and address of the person to whom the information
3 14 is disclosed, and instructions on how to disable the
3 15 capability to collect and transmit information to persons
3 16 other than the user. A violation is an aggravated
3 17 misdemeanor. An aggravated misdemeanor is punishable by
3 18 confinement for no more than two years and a fine of at least
3 19 $500 but not more than $5,000.
3 20 The bill provides the county attorney or other aggrieved
3 21 person with the ability to file a civil cause of action for
3 22 relief from conduct constituting the crime of the unauthorized
3 23 collection and disclosure of personal information by computer
3 24 established under the bill.
3 25 The crime of unauthorized collection and disclosure of
3 26 personal information by computer does not apply to persons
3 27 making available computer software that is reasonably needed
3 28 to determine whether or not the user is an authorized user of
3 29 the software, persons providing technical support for the
3 30 software upon request of the user, for any legitimate law
3 31 enforcement purpose authorized by law, and employers
3 32 monitoring computer usage of their employees as authorized by
3 33 applicable law.
3 34 The bill provides definitions of "identifying personal
3 35 information" and "interactive computer service".
4 1 LSB 5898XS 80
4 2 kk/pj/5
Text: SF02199 Text: SF02201 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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