House File 595 - Introduced
HOUSE FILE
BY SCHULTE, DE BOEF, SORENSON,
HORBACH, ARNOLD, HEATON,
BAUDLER, SODERBERG, ALONS,
ANDERSON, SWEENEY, COWNIE,
WAGNER, L. MILLER, HELLAND,
GRASSLEY, BAILEY, DEYOE,
and PETTENGILL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring the department of revenue to provide notice of
2 suspected misuse of personal information.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2443YH 83
5 md/nh/5
PAG LIN
1 1 Section 1. NEW SECTION. 422.72A SUSPECTED MISUSE OF
1 2 PERSONAL INFORMATION == NOTICE REQUIRED.
1 3 1. For the purposes of this section, the following
1 4 definitions apply:
1 5 a. "Affected individual" means an individual who is
1 6 identified by or connected with personal information contained
1 7 in the department's records.
1 8 b. "Personal information" means all of the following:
1 9 (1) Social security number.
1 10 (2) Tax identification number.
1 11 (3) Driver's license number or other unique identification
1 12 number created or collected by a government body.
1 13 (4) Financial account number, credit card number, or debit
1 14 card number in combination with any required security code,
1 15 access code, or password that would permit access to an
1 16 individual's financial account.
1 17 (5) Unique electronic identifier or routing code, in
1 18 combination with any required security code, access code, or
1 19 password.
1 20 c. "Suspected misuse of personal information" means
1 21 circumstances exist which would cause a reasonable person to
1 22 believe that an individual's personal information is being
1 23 used by an unauthorized individual. Such circumstances
1 24 include but are not limited to either of the following:
1 25 (1) A tax identification number under which wages are
1 26 being reported by two or more individuals.
1 27 (2) A tax identification number of an individual under the
1 28 age of sixteen with reported wages exceeding one thousand
1 29 dollars for a single quarterly period.
1 30 2. a. Unless otherwise prohibited by state or federal
1 31 law, the department shall provide notice to each affected
1 32 individual if department records indicate a suspected misuse
1 33 of personal information. Notice shall be made without
1 34 unreasonable delay. If the affected individual is a minor,
1 35 notice shall be provided to the minor's parent or guardian.
2 1 b. If notice is provided to an affected individual under
2 2 paragraph "a", notice of the suspected misuse of personal
2 3 information shall also be provided to an appropriate law
2 4 enforcement agency.
2 5 3. Notice provided to an affected individual shall be
2 6 clear and conspicuous and be provided by at least one of the
2 7 following:
2 8 a. Written notice to the affected individual's last
2 9 address of record.
2 10 b. Electronic mail notice, if the affected individual has
2 11 agreed to receive communications electronically.
2 12 c. Telephonic notice, if the communication is made
2 13 directly with the affected individual.
2 14 EXPLANATION
2 15 This bill requires the department of revenue to provide
2 16 notice to an individual if the department suspects that the
2 17 individual's personal information is being misused. The
2 18 department is required to provide notice to all individuals
2 19 who are identified by or connected with the personal
2 20 information suspected of being misused. The bill also
2 21 provides that if notice is provided to an affected individual
2 22 the department shall also provide notice to an appropriate law
2 23 enforcement agency.
2 24 The bill provides that notice of the suspected misuse must
2 25 be clear, conspicuous, and provided to the individual in
2 26 writing, by electronic mail, or by telephone.
2 27 LSB 2443YH 83
2 28 md/nh/5