House Study Bill 523 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act restricting disclosures of specified information by 1 regional transit districts, and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5426YC (4) 85 rn/nh

H.F. _____ Section 1. Section 28M.1, Code 2014, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 1A. “Customer transaction history and fare 3 card use data” means information relating to the date or time a 4 fare card or product was purchased or used, the mode of travel, 5 or the type of fare card or product purchased or used. 6 NEW SUBSECTION . 1B. “Fare collection system” means a system 7 created and administered by a regional transit district that 8 is used for collecting fares or providing fare cards or passes 9 for public transit services including fixed-route bus service, 10 paratransit bus service, rideshare programs, transportation 11 services provided pursuant to section 249A.12, and light rail 12 or commuter rail service. 13 NEW SUBSECTION . 1C. “Governmental entity” means the same 14 as defined in section 8A.101. 15 NEW SUBSECTION . 1D. “Personalized internet services” means 16 services for which regional transit district applicants, users, 17 and customers must establish an internet user account. 18 Sec. 2. NEW SECTION . 28M.7 Regional transit district 19 customer data —— disclosure restrictions —— penalty. 20 1. Data concerning applicants, users, and customers of a 21 regional transit district collected by or through personalized 22 internet services or a fare collection system shall be 23 considered private and not subject to disclosure except as 24 provided in subsection 2. 25 2. Notwithstanding subsection 1, customer transaction 26 history and fare card use data may be disclosed under the 27 following circumstances: 28 a. To governmental entities, organizations, school 29 districts, educational institutions, and employers strictly 30 for purposes of measuring and promoting fare card use and 31 evaluating the cost-effectiveness of fare card programs. 32 In the event a user or customer requests in writing that a 33 regional transit district limit the disclosure of the user’s 34 or customer’s customer transaction history and fare card use 35 -1- LSB 5426YC (4) 85 rn/nh 1/ 3

H.F. _____ data, a regional transit district may disclose only a fare card 1 balance and the date the card was last used. 2 b. To governmental entities to prevent a breach of security 3 regarding electronic systems maintained by the regional transit 4 district or the governmental entity, or pursuant to a subpoena 5 issued in connection with a civil or criminal investigation. 6 3. A violation of this section is punishable by a civil 7 penalty in an amount not to exceed five thousand dollars for 8 each violation. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill restricts disclosure of specified information by 13 regional transit districts. 14 The bill provides several new definitions. The bill defines 15 “customer transaction history and fare card use data” to mean 16 information relating to the date or time a fare card or product 17 was purchased or used, the mode of travel, or the type of fare 18 card or product purchased or used. The bill defines “fare 19 collection system” to mean a system created and administered 20 by a regional transit district that is used for collecting 21 fares or providing fare cards or passes for public transit 22 services including fixed-route bus service, paratransit bus 23 service, rideshare programs, transportation services provided 24 pursuant to Code section 249A.12, and light rail or commuter 25 rail service. The bill defines “personalized internet 26 services” to mean services for which regional transit district 27 applicants, users, and customers must establish an internet 28 user account. Additionally, the bill references an existing 29 definition of “governmental entity” defined in Code section 30 8A.101 as meaning any unit of government in the executive, 31 legislative, or judicial branch of government; an agency or 32 political subdivision; any unit of another state government, 33 including its political subdivisions; any unit of the United 34 States government; or any association or other organization 35 -2- LSB 5426YC (4) 85 rn/nh 2/ 3

H.F. _____ whose membership consists primarily of one or more of any of 1 the foregoing. 2 The bill provides that data concerning applicants, users, 3 and customers of a regional transit district collected 4 by or through personalized internet services or a fare 5 collection system shall be considered private and not subject 6 to disclosure. The bill provides two exceptions to this 7 nondisclosure restriction. First, the bill provides that 8 disclosure may be made to governmental entities, organizations, 9 school districts, educational institutions, and employers 10 strictly for purposes of measuring and promoting fare card use 11 and evaluating the cost-effectiveness of fare card programs. 12 The bill adds, however, that if a user or customer requests in 13 writing that a regional transit district limit the disclosure 14 of the user’s or customer’s customer transaction history and 15 fare card use data, a regional transit district may disclose 16 only a fare card balance and the date the card was last used. 17 Second, the bill provides that disclosure may be made to 18 governmental entities to prevent a breach of security regarding 19 electronic systems maintained by the regional transit district 20 or the governmental entity, or pursuant to a subpoena issued in 21 connection with a civil or criminal investigation. 22 The bill provides that a violation of the bill’s provisions 23 is punishable by a civil penalty in an amount not to exceed 24 $5,000 per violation. 25 -3- LSB 5426YC (4) 85 rn/nh 3/ 3