House Amendment 8199


PAG LIN

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


                                        
          PETTENGILL of Benton
          HF816.1323 (2) 83
          tw/sc

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