US 2002 Enacted Financial Privacy Legislation Resources

US 2002 Enacted Financial Privacy Legislation Resources in United States

US 2002 Enacted Financial Privacy Legislation Resources

California
A.C.R. 125
Chaptered by secretary of state 9/16/02, Resolution Chapter 167
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0101-0150/acr_125_bill_20020916_chaptered.html
Requests and authorizes the California Law Revision Commission to study, report on, and prepare recommended legislation concerning the protection of personal information relating to or arising out of financial transactions if funding is provided in the 2002-03 Budget Act or from private sources.

A.B. 2456
Chaptered by secretary of state 9/17/02, Chapter 196
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2451-2500/ab_2456_bill_20020717_chaptered.html
Expands the list of specifically included types of personal information to which prison inmates and persons confined in county jails, industrial farms, road camps, or city jails who have been convicted of specified offenses are denied access by adding an array of identification and identity-related materials. Expands the prohibition on employment that permits access to this personal information to cover any person convicted of one of the specified offenses while that person is performing community service in lieu of a fine or custody.

S.B. 1386
Chaptered by secretary of state 9/26/02, Chapter 915
http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_1351-1400/sb_1386_bill_20020926_chaptered.html
Requires a state agency, or a person or business that conducts business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the data, as defined, to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Permits the notifications required by its provisions to be delayed if a law enforcement agency determines that it would impede a criminal investigation. Requires an agency, person, or business that maintains computerized data that includes personal information owned by another to notify the owner or licensee of the information of any breach of security of the data, as specified.

Connecticut
S.B. 352
Signed by governor 5/6/02, Public Act 02-40
http://www.cga.state.ct.us/2002/act/Pa/2002PA-00040-R00SB-00352-PA.htm
Authorizes the Insurance Commissioner to adopt regulations concerning consumer privacy and the privacy provisions of the federal Gramm-Leach-Bliley Financial Modernization Act.

Florida
H.B. 1679
Signed by governor 6/5/02, Chapter 2002-302
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb1679er.html&Directory=session/2002/House/bills/billtext/html/
Creates the Study Committee on Public Records; provides for membership and organization of the committee; provides purpose, duties, and responsibilities of the committee; requires a report; provides for expiration of the committee; revises declared state purpose with respect to electronic access to official records; provides limitations with respect to a specified Internet index of documents; provides that county recorders may not place images or copies of specified public records on a publicly available Internet Web site for general public display; requires that such records placed on the Internet prior to the effective date of the act be removed upon request; provides certain notice requirements and requires publication of notice by county recorders and clerks of the court; provides that affected persons may petition the court for an order of compliance; requires clerks of court to provide for electronic retrieval of images of certain documents by a specified date; provids an appropriation.

H.B. 1767
Signed by governor 4/24/02, Chapter 175
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb1767er.html&Directory=session/2002/House/bills/billtext/html/
Creates public records exemption for bank account numbers, debit, charge, and credit card numbers and personal financial and health information held by the Department of Insurance; provides for exceptions to exemption; provides for retroactive application.

S.B. 24, Special Session E
Signed by governor 5/30/02, Chapter 2002-391
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0024Eer.html&Directory=session/2002E/Senate/bills/billtext/html/
Provides a process for removal from official records certain specified armed forces military separation forms; provides requirements with respect thereto; requires the county recorder to provide written notice; provides for the redaction of a Social Security number, and of a complete bank account, debit, charge, or credit card number that is part of a court record or official record; prohibits a person preparing or filing an official record from including a person’s Social Security number or a complete bank account, debit, charge, or credit card number in that document unless otherwise expressly required by law; provides for the redaction of such information; provides for the nonapplicability of subsections (3) and (4) 21 of §119.072, created by CS/HB 1673, passed in the 2002 regular session, to clerks of the court and to county recorders with regard to court records and official records; repeals subsection (5) of s. 119.072.

Georgia
S.B. 475
Signed by governor 5/2/02, Act 750
http://www.legis.state.ga.us/Legis/2001_02/fulltext/sb475.htm
Amends various provisions of the O.C.G.A. as they relate to identity fraud and the collection and dissemination of personal identifying and financial information on individuals and businesses so as to protect such information from being utilized in an unlawful manner; amends Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change provisions relating to definitions, financial identity fraud, and racketeer influenced and corrupt organizations.

Kentucky
H.B. 79
Signed by governor 4/2/02, Act 175
http://www.lrc.state.ky.us/record/02rs/HB79.htm
Amends KRS 15.113 to include the use of financial information in the investigatory powers of the Financial Integrity Enforcement Division and to include the Federal Trade Commission as an agency with which the office of the attorney general is directed to cooperate; amends KRS 15.231 to expand the concurrent jurisdiction of the attorney general and the Commonwealth’s and county attorneys to include improperly obtaining, attempting to improperly obtain, and trafficking in financial information; amends KRS 411.210 to provide for the award of reasonable costs and attorneys’ fees in civil suits for improper use of financial information; adds new sections of KRS Chapter 434 to define the crimes of improperly obtaining financial information, attempting to improperly obtain financial information, and trafficking in financial information, and providing penalties of Class C and Class D felonies; amends KRS 514.160 to add current or former identifying information of a family member or ancestor of the victim, various examples of identifying information, and unlawful circumstances under which the possession and use of the information is identity theft; and amends KRS 514.170 and 532.034 to conform.

Illinois
H.B. 4989
Signed by governor 6/24/02, Public Act 92-0556
http://www.legis.state.il.us/publicacts/pubact92/acts/92-0556.html
Authorizes the Director of Insurance to enforce certain federal laws relating to disclosure of information about insureds. Requires licensees under the Code to comply with privacy protection provisions of the federal Gramm-Leach-Bliley Act.

S.B. 119
Signed by governor 6/12/02, Public Act 92-0543
http://www.legis.state.il.us/publicacts/pubact92/acts/92-0543.html
Amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Illinois Credit Union Act. Authorizes financial institutions subject to those Acts to share customer financial information with private label credit parties pursuant to a private label credit program. Provides that a “private label credit party” may be a merchant, a manufacturer, a retailer, a trade group or an affiliate, subsidiary, member, agent, or service provider of any of them.

New Hampshire
S.B. 422
Signed by governor 5/16/02, Chapter 207
http://gencourt.state.nh.us/legislation/2002/SB0422.html
Revises the definition of nonpublic customer information for the purposes of sales of insurance by financial institutions to conform to the provisions of the Gramm-Leach-Bliley Act.

Ohio
S.B. 138
Signed by governor 3/18/02
http://www.legislature.state.oh.us/bills.cfm?ID=124_SB_138
Relates to the circumstances under which the Department of Insurance and the Division of Financial Institutions may share confidential documents and information with, and receive such documents and information from, other specified regulators and officials, or otherwise disclose these documents and information.

Tennessee
H.B. 1210
Signed by governor 6/27/02, Public Chapter 819
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0819.pdf
Requires that the private records of any utility be confidential and closed to the public. Specifies that “private records” means: (1) A credit card number, social security number, tax identification number, and bank account number; and (2) burglar alarm codes, security codes, and access codes. Does not limit or deny access to public information because a file, document, or data contains confidential information. Assumes that redaction of confidential information is possible and requires such whenever possible. Requires the entity requesting records to pay all reasonable redaction costs. Does not limit access to these private records by law enforcement agencies, courts, other government agencies, or when the consumer of a utility service expressly authorizes the release of the information.

Washington
H.B. 2015
Signed by governor 3/22/02, Chapter 90
http://www.leg.wa.gov/pub/billinfo/2001-02/House/2000-2024/2015-s_sl_03272002.txt
Establishes procedures for protecting personal information. Finds that the careless disposal of personal information by commercial, governmental, or other entities poses a significant threat of identity theft, thus risking a person’s privacy, financial security, and other interests. Declares that all organizations and individuals have a continuing obligation to ensure the security and confidentiality of personal information during the process of disposing of that information.

S.B. 6700
Signed by governor 4/3/02, Chapter 336
http://www.leg.wa.gov/pub/billinfo/2001-02/Senate/6700-6724/6700-s_sl_04092002.txt
Provides that a person or organization shall not, with the intent to harm or intimidate, sell, trade, give, publish, distribute, or otherwise release the residential address, residential telephone number, birth date, or Social Security number of any law enforcement-related, corrections officer-related, or court-related employee or volunteer, or someone with a similar name, and categorize them as such, without the express written permission of the employee or volunteer unless specifically exempted by law or court order. Provides that, whenever it appears that any person or organization is engaged in or about to engage in any act that constitutes or will constitute a violation of this act, the prosecuting attorney or any person harmed by an alleged violation of this act may initiate a civil proceeding in superior court to enjoin such violation, and may petition the court to issue an order for the discontinuance of the dissemination of information in violation of this act. Provides that any law enforcement-related, corrections officer-related, or court-related employee or volunteer who suffers damages as a result of a person or organization selling, trading, giving, publishing, distributing, or otherwise releasing the residential address, residential telephone number, birth date, or Social Security number of the employee or volunteer in violation of the act may bring an action against the person or organization in court for actual damages sustained, plus attorneys’ fees and costs.


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