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