House Amendment 8455
PAG LIN
1 1 Amend Senate File 2394, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 5, by inserting after line 4 the
1 4 following:
1 5 <Sec. . NEW SECTION. 22.15 PROTECTION OF
1 6 PERSONAL INFORMATION == DESTRUCTION OF PUBLIC RECORDS
1 7 == PENALTY.
1 8 1. "Personal information" means an individual's
1 9 first name or first initial and last name in
1 10 combination with any one or more of the following data
1 11 elements that relate to the individual if neither the
1 12 name nor the data elements are encrypted, redacted, or
1 13 otherwise altered by any method or technology in such
1 14 a manner that the name or data elements are
1 15 unreadable:
1 16 a. Social security number.
1 17 b. Driver's license number or other unique
1 18 identification number created or collected by a
1 19 government body.
1 20 c. Financial account number, credit card number,
1 21 or debit card number in combination with any required
1 22 security code, access code, or password that would
1 23 permit access to an individual's financial account.
1 24 d. Unique electronic identifier or routing code,
1 25 in combination with any required security code, access
1 26 code, or password.
1 27 e. Unique biometric data, such as a fingerprint,
1 28 voice print or recording, retina or iris image, or
1 29 other unique physical representation or digital
1 30 representation of the biometric data.
1 31 2. Unless otherwise required by federal or state
1 32 law, each government body shall take reasonable steps
1 33 to destroy or arrange for the destruction of a public
1 34 record, or portion thereof, containing personal
1 35 information within its control, which is no longer
1 36 required to be retained by the government body.
1 37 Destruction of a public record, or portion thereof,
1 38 shall be in accordance with the following minimum
1 39 standards:
1 40 a. Paper documents containing personal information
1 41 shall be either redacted, burned, pulverized, or
1 42 shredded so that personal information cannot
1 43 practicably be read or reconstructed.
1 44 b. Electronic media and other nonpaper media
1 45 containing personal information shall be destroyed or
1 46 erased so that personal information cannot practicably
1 47 be read, reconstructed, or deciphered through any
1 48 means.
1 49 3. A government body may contract with a third
1 50 party to destroy public records containing personal
2 1 information in accordance with the requirements of
2 2 this section. Any third party hired to destroy public
2 3 records containing personal information shall
2 4 implement and monitor compliance with policies and
2 5 procedures that prohibit unauthorized access to or
2 6 acquisition of or use of personal information during
2 7 the collection, transportation, and destruction of
2 8 personal information.
2 9 4. A government body or third party that violates
2 10 the provisions of this section shall be subject to a
2 11 civil penalty of not more than one hundred dollars per
2 12 public record affected, provided such penalty shall
2 13 not exceed fifty thousand dollars for each instance of
2 14 improper destruction. The office of attorney general
2 15 or a county attorney may enforce the provisions of
2 16 this section.
2 17 Sec. . IMPLEMENTATION OF ACT. Section 25B.2,
2 18 subsection 3, shall not apply to the section of this
2 19 Act enacting section 22.15.>
2 20 #2. Title page, line 4, by inserting after the
2 21 word <fund,> the following: <and relating to identity
2 22 protection by requiring the destruction of certain
2 23 public records containing personal information,>.
2 24 #3. By renumbering as necessary.
2 25
2 26
2 27
2 28 PETTENGILL of Benton
2 29 SF 2394.501 82
2 30 dea/nh/12253
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