House Amendment 1639


PAG LIN




     1  1    Amend House File 816 as follows:
     1  2 #1.  Page 1, by inserting before line 34 the
     1  3 following:
     1  4    <Sec.    .  NEW SECTION.  422.72A  SUSPECTED MISUSE
     1  5 OF PERSONAL INFORMATION == NOTICE REQUIRED.
     1  6    1.  For the purposes of this section, the following
     1  7 definitions apply:
     1  8    a.  "Affected individual" means an individual who
     1  9 is identified by or connected with personal
     1 10 information contained in the department's records.
     1 11    b.  "Personal information" means all of the
     1 12 following:
     1 13    (1)  Social security number.
     1 14    (2)  Tax identification number.
     1 15    (3)  Driver's license number or other unique
     1 16 identification number created or collected by a
     1 17 government body.
     1 18    (4)  Financial account number, credit card number,
     1 19 or debit card number in combination with any required
     1 20 security code, access code, or password that would
     1 21 permit access to an individual's financial account.
     1 22    (5)  Unique electronic identifier or routing code,
     1 23 in combination with any required security code, access
     1 24 code, or password.
     1 25    c.  "Suspected misuse of personal information"
     1 26 means circumstances exist which would cause a
     1 27 reasonable person to believe that an individual's
     1 28 personal information is being used by an unauthorized
     1 29 individual.  Such circumstances include but are not
     1 30 limited to either of the following:
     1 31    (1)  A tax identification number under which wages
     1 32 are being reported by two or more individuals.
     1 33    (2)  A tax identification number of an individual
     1 34 under the age of sixteen with reported wages exceeding
     1 35 one thousand dollars for a single quarterly period.
     1 36    2.  a.  Unless otherwise prohibited by state or
     1 37 federal law, the department shall provide notice to
     1 38 each affected individual if department records
     1 39 indicate a suspected misuse of personal information.
     1 40 Notice shall be made without unreasonable delay.  If
     1 41 the affected individual is a minor, notice shall be
     1 42 provided to the minor's parent or guardian.
     1 43    b.  If notice is provided to an affected individual
     1 44 under paragraph "a", notice of the suspected misuse of
     1 45 personal information shall also be provided to an
     1 46 appropriate law enforcement agency.
     1 47    3.  Notice provided to an affected individual shall
     1 48 be clear and conspicuous and be provided by at least
     1 49 one of the following:
     1 50    a.  Written notice to the affected individual's
     2  1 last address of record.
     2  2    b.  Electronic mail notice, if the affected
     2  3 individual has agreed to receive communications
     2  4 electronically.
     2  5    c.  Telephonic notice, if the communication is made
     2  6 directly with the affected individual.>
     2  7 #2.  Title page, line 3, by inserting after the
     2  8 word <interest> the following:  <and requiring the
     2  9 department to provide notice of suspected misuse of
     2 10 personal information>.
     2 11 #3.  By renumbering as necessary.
     2 12
     2 13
     2 14                               
     2 15 PETTENGILL of Benton
     2 16 HF 816.203 83
     2 17 tw/sc/24524

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