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 -1-