House File 639 - Introduced HOUSE FILE BY SANDS, KAUFMANN, LUKAN, DE BOEF, SCHULTE, STRUYK, L. MILLER, and UPMEYER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the protection of personal information by 2 requiring the department of revenue to provide notice of 3 suspected misuse of personal information. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2541YH 83 6 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 2541YH 83 2 28 md/nh/5