House File 2504 - Introduced
HOUSE FILE
BY VAN FOSSEN, LUKAN, SODERBERG,
WINDSCHITL, ALONS, L. MILLER,
FORRISTALL, ARNOLD, RASMUSSEN,
HEATON, VAN ENGELENHOVEN, DEYOE,
HOFFMAN, GRANZOW, S. OLSON,
CHAMBERS, DRAKE, and UPMEYER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to social security numbers in public records,
2 establishing a procedure for redaction, and providing a
3 penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6303YH 82
6 md/nh/14
PAG LIN
1 1 Section 1. NEW SECTION. 22.15 SOCIAL SECURITY NUMBERS IN
1 2 PUBLIC RECORDS == RIGHT OF REDACTION.
1 3 1. a. To the greatest extent feasible, a government body
1 4 shall not disclose an individual's social security number,
1 5 unless the disclosure is authorized by law.
1 6 b. If a public record contains a social security number,
1 7 the government body shall determine a method to redact the
1 8 social security number prior to releasing the record if such
1 9 redaction does not materially affect the value of the public
1 10 record and is permitted by law. The redaction of a social
1 11 security number from a public record shall not delay public
1 12 access to the public record except for the time required to
1 13 perform the actual redaction. As used in this section,
1 14 "redact" means to render the social security number unreadable
1 15 or to truncate the social security number so that no more than
1 16 the last four digits are accessible.
1 17 2. A government body shall make reasonable efforts to
1 18 exclude social security numbers from public records, as
1 19 follows:
1 20 a. Exclude social security numbers on licenses, permits,
1 21 or other documents that may be readily observed by the public.
1 22 b. Give individuals the option to not submit a social
1 23 security number to the government body.
1 24 c. Remove an individual's social security number from a
1 25 public record following a request for redaction submitted
1 26 pursuant to subsection 3.
1 27 d. Any other efforts to prevent social security numbers
1 28 from being included in public records and protect such numbers
1 29 from disclosure.
1 30 3. a. An individual has the right to request that a
1 31 government body redact the individual's social security number
1 32 from a public record, an image or copy of a public record
1 33 available to the general public, or on a web site available to
1 34 the general public.
1 35 b. The request shall be made in writing, except as
2 1 provided under paragraph "c", legibly signed by the requester,
2 2 and delivered by mail, facsimile, or electronic transmission,
2 3 or delivered in person to the citizens' aide. A request must
2 4 specify the social security number to be redacted and the
2 5 location of the document that contains the social security
2 6 number. The citizens' aide shall receive all requests under
2 7 this subsection and forward each request to the lawful
2 8 custodian of the public record.
2 9 c. The citizens' aide shall create and maintain a web site
2 10 where individuals may electronically request that the
2 11 individual's social security number be redacted from a public
2 12 record. Except for the requestor's signature, an electronic
2 13 request received through the web site shall contain the same
2 14 information required under paragraph "b". The citizens' aide
2 15 shall forward each electronic request to the public record's
2 16 lawful custodian in the same manner as provided in paragraph
2 17 "b".
2 18 d. After receiving a forwarded request from the citizens'
2 19 aide, the lawful custodian of the public record shall have no
2 20 duty to inquire beyond the request to verify the identity of
2 21 the individual requesting the redaction. A fee shall not be
2 22 charged for a redaction pursuant to this subsection.
2 23 e. Any person who requests a redaction under this section
2 24 without proper authority to do so shall be guilty of a simple
2 25 misdemeanor.
2 26 4. Nothing in this section shall be construed to limit any
2 27 duty of a county recorder under section 331.606A.
2 28 EXPLANATION
2 29 This bill directs government bodies to make reasonable
2 30 efforts to exclude social security numbers from public records
2 31 by excluding social security numbers from documents that may
2 32 be readily observed by the public, by giving individuals the
2 33 option to not submit a social security number to the
2 34 government body, and by removing a social security number from
2 35 a public record following a request by the individual.
3 1 The bill provides that an individual has the right to
3 2 request that a government body redact the individual's social
3 3 security number from a public record available to the general
3 4 public or on a web site available to the general public. The
3 5 bill requires each request to specify the social security
3 6 number to be redacted and the location of the document that
3 7 contains the number. The bill directs the citizens' aide to
3 8 receive all requests and forward each request to the lawful
3 9 custodian of the public record for redaction. The bill
3 10 provides that the lawful custodian of the public record has no
3 11 duty to inquire beyond the request to verify the identity of
3 12 the individual requesting the redaction. The bill prohibits
3 13 the collection of a fee for the redaction of a social security
3 14 number. The bill does not limit the duties of a county
3 15 recorder under Code section 331.606A.
3 16 The bill provides that any person who requests a redaction
3 17 of a social security number without proper authority to do so
3 18 is guilty of a simple misdemeanor. A simple misdemeanor is
3 19 punishable by confinement for no more than 30 days or a fine
3 20 of at least $65 but not more than $625 or by both.
3 21 LSB 6303YH 82
3 22 md/nh/14