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