US 2003 Introduced Financial Privacy Legislation Resources

US 2003 Introduced Financial Privacy Legislation Resources in United States

US 2003 Introduced Financial Privacy Legislation Resources

Alabama S.B. 528Provides that a person commits the crime of identity theft if he or she, without authorization of a business victim, and with the intent to defraud, obtains an identification document containing the trademark or trade name of another, obtains an identification document containing the logo or legal or official seal of a government agency, or obtains an identification document issued to or on behalf of another person. Requires a victim of identity theft to report the incident to his or her local law enforcement agency. Requires a law enforcement agency that receives a report of identity theft to forward the report to the local district attorney’s office and to the state attorney general’s office. Requires the state attorney general’s Office of Consumer Affairs to maintain a repository for all complaints of identity theft. Authorizes the attorney general to give a certification to a consumer victim that the person has been a victim of identity theft. Provides that the attorney general and prosecuting attorneys have the authority to prosecute all cases of identity fraud. Increases the damages a consumer victim may obtain from an identity theft for any loss suffered as a result of the identity theft and allows a business victim to obtain civil damages from an identity thief for any loss suffered as a result of the identity theft. Provides for the manner in which a business may dispose of a customer’s personal information. Provides for the imposition of criminal fines when a business fails to properly dispose of a customer’s personal information.
Arizona S.B. 1324
Establishes the 11-member Personal Identification Protection Study Committee to review and make recommendations regarding the use of a person’s Social Security number, date of birth and driver license number in documents posted on a public body’s Web site.
California A.B. 46
Prohibits any private or public university or college in California from using a student’s social security number for identification in a manner that is available to the public or an unauthorized third party. Permits the use of a student’s social security number for certain purposes, including, but not limited to, internal verification or nonpublic administration or identification for communication with a third party who is authorized by the student to receive it. Each university or college would be authorized to develop a system of personal identifiers other than social security numbers for students and would be required to use existing resources to accomplish this.
A.B. 258
Prohibits any retail seller from requesting personal identifying information, as defined, from any person making a return or exchange of merchandise, if paid for by cash.
A.B. 735
Known as the Taxpayer Privacy Bill of Rights Act, this bill prohibits the Franchise Tax Board from releasing a taxpayer’s personal or financial information to the general public, unless the Franchise Tax Board shows a compelling interest for the disclosure of that information and the disclosure is first authorized by the courts. Expands the scope of the Taxpayers’ Rights Advocate’s authority to review and facilitate resolution of taxpayer complaints to include complaints regarding the unauthorized release of taxpayers’ personal and financial information to the general public by employees or officers of the Franchise Tax Board. Specifies that an officer or employee of the Franchise Tax Board may not threaten to release a taxpayer’s personal or financial information for purposes of forcing a taxpayer to accept an offer to settle the taxpayer’s civil tax liability dispute. Provides that the release of, or a threat to release, that information by an officer or an employee of the Franchise Tax Board would constitute grounds for termination or other disciplinary actions as provided by existing law.
A.B. 1387
Requires that each house of the Legislature use a unique number other than an individual’s social security number to identify its employees, beginning January 1, 2005. Requires that each house of the Legislature establish and maintain a permanent privacy policy that includes the principles set forth in existing law for state agencies. Requires each house to provide specified notice to persons before collecting personal information, to establish rules for persons using this personal information, to establish safeguards to protect the confidentiality of the personal information, and to provide notification of any breach in security.
A.B. 1664
Enacts the Bank Customer Bill of Rights that would prohibit banks from engaging in various acts, including selling private credit information about a customer to a marketing business without the customer’s consent, charging customers using the bank’s automated teller machine cards an overdraft penalty that is $30 or more without providing a specified notice, issuing a credit card that has an interest rate that is greater than two percent above the prime rate, and charging a customer with a higher than average interest rate on a loan if the customer qualifies for a lower interest rate and the bank has not made the customer aware of that fact.
S.B. 590
Vetoed by governor 10/12/03
Prohibits a seller, as defined, from requesting personal information from a consumer, as defined, with specified exceptions. Permits a seller to provide any personal information about a consumer to a third party, including, but not limited to, an affiliated entity, only as specified.
Connecticut H.B. 5274
Failed Joint Favorable Deadline 3/20/03
Prohibits the exchange of a customer’s financial and credit information in the regular course of business between (1) financial institutions, (2) commercial enterprises, or (3) a financial institution and a commercial enterprise, unless the customer consents to such exchange of information.
H.B. 5625
Failed Joint Favorable Deadline 4/8/03
Protects personal information by removing Social Security numbers from marriage licenses.
H.B. 5812
Expands the situations in which a retailer must give a consumer an opportunity to prevent disclosure of identifying information, but also adds exceptions.
S.B. 202
Failed Joint Favorable Deadline 4/7/03
Prevents perpetrators of spousal abuse using a Social Security number to track down their victims by restricting the disclosure of such numbers.
S.B. 806
Failed Joint Favorable Deadline 3/25/03
Prohibits businesses from releasing personal consumer information without first obtaining written approval from the consumer.
Florida H.B. 451
Died in committee 5/2/03
Provides an exemption from public records requirements for specified personal identifying information relating to a utility customer held by a utility owned or operated by an agency.
H.B. 891
Died in committee 5/2/03
Prohibits the sale or disclosure of personal customer information by persons in bankruptcy; authorizes actions for damages.
H.B. 1187
Withdrawn from consideration 3/19/03
Requires credit reporting agencies to provide a process for establishing consumer personal identification numbers for purposes of restricting access to credit records; requires entities providing and checking credit to provide consumers with credit checking agency information; requires opportunity for consumers to establish personal identification numbers before certain entities may access credit records.
H.B. 1637
Died in committee 5/2/03
Expands exemption from public records requirements for social security numbers and financial account numbers contained in reports of unclaimed property held by the Financial Services Department to include dollar amounts of unclaimed property accounts and number of reported shares of stock contained in such reports; creates an exemption from public records requirements for personal photographic ID held by the department pursuant to certain provisions.
H.B. 1653
Died in committee 5/2/03
S.B. 2168
Died in committee 5/2/03
Prohibits private businesses from requiring the disclosure of all or part of a person’s Social Security number except as required by federal law.
S.B. 298
Laid on table 4/16/03
Expands exemption for identifying information of applicants to Florida Kidcare program to provide that any information identifying program applicant or enrollee held by Agency for Health Care Administration, Children and Family Department, Health Department, and Florida Healthy Kids Corporation is confidential and exempt; provides for disclosure of such information to governmental entities under certain circumstances.
S.B. 304
Died on calendar 5/2/03
Provides an exemption from public records requirements for specified personal identifying information relating to a utility customer held by a utility owned or operated by an agency.
S.B. 1212
Died in committee 5/2/03
Prohibits the sale or disclosure of personal customer information by persons in bankruptcy; authorizes actions for damages.
S.B. 1580
Died in messages 5/2/03
Prohibits the use of deception to obtain certain personal information for commercial solicitation purposes; prohibits sale or disclosure of personal customer information by persons in bankruptcy; provides exception to civil penalty; prohibits falsely representing oneself as being affiliated with law enforcement or firefighting agency or public utility.
S.B. 2416
Died on calendar 5/2/03
Revises the exemption from public records requirements for personal information contained in a motor vehicle record; removes the requirement that the exemption be conditioned on a request for exemption by the person who is the subject of the record; restricts the release of social security numbers and medical and disability information; revises conditions for the release of information for bulk distribution use; provides for release of information when the subject has given consent on a form prescribed by the Department of Highway Safety and Motor Vehicles; provides that the restrictions on the disclosure of information do not affect the use of organ donor information.
S.B. 2440
Died in committee 5/2/03
Expands exemption from public records requirements for social security numbers and financial account numbers contained in reports of unclaimed property held by the Financial Services Department to include dollar amounts of unclaimed property accounts and number of reported shares of stock contained in such reports; creates an exemption from public records requirements for personal photographic ID held by the department pursuant to certain provisions.
Georgia H.B. 184
Requires financial institutions to obtain a consumer’s consent before disclosing nonpublic personal information to nonaffiliated third parties.
H.B. 903
Passed House 4/8/03
Adds address and telephone numbers to list of information that is exempted from disclosure through public records.
S.B. 351
Adds address and telephone numbers to list of information that is exempted from disclosure through public records.
Hawaii H.B. 1447
Carried over to 2004 session
Creates a misdemeanor crime for any institution-affiliated party who knowingly copies without authorization the books, papers, records or documents belonging to or in the custody of a Hawaii financial institution, for the party’s own use or for the use of any other person other than in the ordinary and regular course of the party’s duties, shall be guilty of a misdemeanor.
S.C.R. 165
S.R. 114
Requests a study and draft legislation on protection of personal information relating to financial transactions.
Illinois H.B. 242
Creates the Privacy Protection Act. Prohibits a constitutional officer or a state agency under a constitutional officer from selling personal information regarding Illinois citizens for commercial solicitation purposes without the written consent of each person whose information will be sold. Requires purchasers of that information to enter into an agreement disclosing the intended commercial use of the purchase. In addition to any other fees required by law, requires a state agency to charge the purchaser of information a fee that represents the commercial value of the information, even if that fee significantly exceeds the reasonable costs of copying and providing the information. Defines “commercial solicitation purposes”. Amends the Illinois Vehicle Code. Prohibits the secretary of state from selling driver, vehicle, and title information for commercial solicitation purposes without the written consent of each person whose information will be sold. Requires purchasers of driver, vehicle, and title information to enter into an agreement disclosing the intended commercial use of the information. Provides that the secretary of state may not knowingly disclose or otherwise make available to any person or entity personal information about any individual in connection with a motor vehicle record, except with the written consent of the individual or as permitted by certain provisions of the federal Driver’s Privacy Protection Act of 1994.
H.B. 1521
Amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Illinois Credit Union Act. Permits disclosure of financial records or information to the extent permitted under Title V of the federal Gramm-Leach-Bliley Act. Provides that the disclosure is authorized to be made to an affiliate or another financial institution as necessary to perform a joint agreement as defined and authorized under Title V of the Gramm-Leach-Bliley Act.
H.B. 3479
Passed House 3/27/03
Amends the School Code, various acts relating to the governance of the public universities in Illinois, and the Public Community College Act. Prohibits the provision, instead of sale, of student information to business organizations and financial institutions that issue credit or debit cards.
S.B. 244
Passed Senate 3/19/03
Prohibits any person who accepts credit cards for the transaction of business from printing more than the last four digits of the credit card account number or the expiration date of the credit card upon any receipt provided to the cardholder. Provides that the prohibition against the printing on a credit card receipt of more than the last four digits of the account number or of the expiration date of the credit card becomes operative on July 1, 2008.
S.B. 323
Creates the State Agency Web Site Act. Provides that each state agency shall include a privacy policy on the agency’s web site. Sets forth contents of the privacy policy. Provides that conspicuous hyperlinks to the privacy policy shall be located on the Web site’s home page and on other locations on the web site where personal information is collected or tracking technology is used. Provides that a state agency may not gather data from users on the agency’s web site unless it demonstrates a compelling need to do so and that the compelling need, if any, shall be identified as such and stated as part of the privacy policy.
Indiana H.B. 1112
Prohibits certain entities from disclosing nonpublic personal information of a consumer to an unrelated third party if the information will be used for a business or marketing purpose. Allows the attorney general to bring an action to collect a civil penalty for a violation.
H.B. 1198
Requires the legislative services agency to perform an analysis of the impact that a filed bill or a proposed rule that provides for collection or release of personally identifiable information by the state or a political subdivision will have on the privacy of individuals affected by the bill or proposed rule.
Iowa H.S.B. 207
Relates to consumer privacy, including financial and health information privacy protection, driver’s license regulation, and protection of the information of children provided while on the internet; provides for private causes of action.
Kentucky H.B. 70
Requires that electronic cash registers and similar machines print not more than the last five digits of the credit or debit card number and not print the card expiration date on credit and debit card receipts; provides that the Act does not apply to hand written receipts or to nonelectronic imprints of credit and debit cards; creates new sections of KRS 434.550 to 434.730 to define merchant, payment card, reencoder, and scanning device; creates a Class D felony for using a scanning device or reencoder to gather information encoded on magnetic strip of payment card or place information on the magnetic strip of a different card with intent to defraud authorized user or issuer of card; makes subsequent offenses a Class C felony; provides for suppliers of credit or debit card hardware or software to comply with the bill; effective January 1, 2004 for newly installed machines and January 1, 2006 for current machines.
S.B. 73
Creates a new section of KRS Chapter 365 to require a business which disposes of records to delete or destroy personally identifying information; creates a new section of KRS Chapter 365 to provide that a person damaged by the failure to destroy information may file a civil action for damages and to provide for enjoining violations of the act.
S.B. 169
Requires pawn brokers to maintain personal identifying information of all persons from whom they receive property and a serial number or other identifying information for all property received, and authorizes the establishment of a database for transmission to local law enforcement of the required identifying information; imposes a fine of $1000 or imprisonment in the county jail for not more than one year, or both, for persons who are not permitted users who obtain access to the database under false pretenses.
Maine L.D. 615
Prohibits consumer reporting agencies from releasing information about a consumer in connection with any credit or insurance transaction without the consent of the consumer.
L.D. 661
Currently, state law conforms to the opt-out provisions of the federal Gramm-Leach-Bliley Act regarding the disclosure of nonpublic personal information. This bill puts in place an opt-in requirement so that financial services providers, including banks, credit unions, securities firms and mortgage companies, must have permission from individuals before disclosing nonpublic personal information to nonaffiliated third parties, but only upon approval by voters at a statewide referendum.
L.D. 1306
Requires all government and private entities to destroy records containing personal information in the entity’s custody or control that the entity intends to dispose of or no longer retain, except for transferring legally to another entity, government unit or archive or to the individual to whom the records pertain. Provides legal and equitable remedies for the attorney general or a person aggrieved by a violation of the provisions of this Act.
Massachusetts H.B. 295
Relates to the privacy rights of certain customers of financial institutions; makes provisions regarding the disclosure of nonpublic personal information to affiliates and nonaffiliated third parties and disclosure of personal information of persons who have ceased to be customers of such financial institutions; provides for required disclosure to the consumer.
H.B. 1047
Relates to the printing of credit card numbers in business transactions.
H.B. 1209
Provides for an investigation by a special commission relative to the protection of privacy in the collection, storage, use and release of personal information and other related matters.
H.B. 1701
Relates to further regulating the use of personal information by insurance companies.
H.B. 1810
Relates to the privacy rights of certain customers of supermarkets.
S.B. 63
Relates to check cashing privacy.
S.B. 125
Restores control over the private information collected by retail discount cards.
Michigan H.B. 4250
Prohibits printing more than the last four digits of a customer’s credit card number on a receipt.
S.B. 220
Passed Senate 12/10/03
Prohibits the expiration date and full account number from being printed on receipts. Prohibits a merchant from requiring a consumer to disclose his or her Social Security number as a condition to selling goods or providing a service to the consumer, unless the transaction includes an extension of credit to the consumer or disclosure is required by state or federal law.
S.B. 795
Passed Senate 12/10/03
Creates the Social Security Number Privacy Act; prohibits the disclosure to a third party or public displays all or any part of the Social Security number of an employee, student, or other individual unless the individual consents to the disclosure in writing or the disclosure is authorized by law.
Minnesota H.F. 464
S.F. 810
Provides consumers a right to privacy, confidentiality, and secrecy of their financial records; requires consumer authorization for exchange or disclosure of their financial records; provides remedies.
H.F. 467
S.F. 506
Passed Senate 4/15/03
Prohibits the printing of full credit card numbers on receipts.
H.F. 470
S.F. 487
Relates to telecommunications; enacts the Telecommunications Consumer Privacy Act; provides for the privacy of telecommunications customer information; requires consent for disclosure of customer information; provides penalties.
H.F. 739
Relates to data practices; classifies and regulates the access to, use, release, and sharing of certain government, financial, and consumer data, personal information, Social Security numbers, and other data; provides for award of attorney fees and other remedies under certain conditions.
H.F. 980
S.F. 969
Prohibits use of electronic scanning devices to capture encoded information from a credit or other financial transaction card, and placing it on another card, with intent to defraud; prohibits merchants who accept credit cards from printing more than the last five digits of the card; prescribes penalties.
S.F. 568
Passed Senate 5/7/03
Relates to data practices; classifies and regulates the access to, use, release, and sharing of certain government, financial, and consumer data, personal information, Social Security numbers, and other data; provides for award of attorney fees and other remedies under certain conditions.
Missouri H.B. 367
Prohibits any public governmental body from employing an inmate or person with a criminal record in any position having access to personal records containing unique personal identifiers.
Nebraska L.R. 132
Withdrawn from further consideration 5/28/03
Proposes a study to examine information available on county assessors’ Web sites including what information is available and how the public can search for such information. The study shall also examine the possibility of allowing persons who work in certain professions, who may be at risk by having personal information available to the public, to request a waiver from the placement of this information on the Web site. The Nebraska Association of County Officials, as well as other parties interested in public records, shall be asked to participate in the study.
Nevada S.B. 379
Relates to personal identifying information; prohibits the public display of certain personal identifying information under certain circumstances and provides certain remedies; provides that a consumer may place a security alert or security freeze in certain files maintained by a reporting agency; provides for certain requirements and procedures relating to a security alert or security freeze; requires a reporting agency to maintain a toll-free phone number for certain purposes; requires a reporting agency to make certain disclosures in certain circumstances.
New Hampshire H.B. 383
Requires that an individual consent to having his or her personal information available to the public on an Internet site maintained by a state agency or local political subdivision. Updates RSA 7-A, the information practices act, by amending the definition of personal information, removing the definition of machine-accessible, clarifying the biennial reporting requirement, and expanding the reporting requirement to include the legislature, courts, and political subdivisions.
H.B. 384
Provides that financial affidavits in domestic relations cases are confidential and accessible only to the parties, their attorneys, the guardian ad litem, and certain state and federal officials. Establishes a private right of action under RSA 359-C, the Right to Privacy Act.
H.B. 759
Requires an insurance licensee to obtain certain authorization before disclosing nonpublic personal health and financial information about consumers or customers. Grants the insurance commissioner rulemaking authority to administer the provisions of the bill.
New Jersey A.B. 3216
S.B. 2245
Protects the privacy of an individual’s financial information by prohibiting disclosure without the prior informed, affirmative consent of the consumer. Requires such consent before a financial institution may disclose information to affiliated or unaffiliated third parties. Requires financial institutions to adopt fair information practices when selling or disclosing confidential consumer information and provides that a violation of the bill, or of a company’s privacy policy, constitutes consumer fraud.
New Mexico H.B. 970
Provides for confidentiality of a victims’ identification information to prevent abuse; amends a section of the inspection of public records act.
New York A.B. 397
Enacts the “Electronic Fund Transfer Privacy Act”; provides privacy protection for consumer engaging in electronic fund transfer transactions by limiting disclosure of personal information about any consumer involved in such and limiting the circumstances in which government authority may get such information; outlines procedures and limitations for obtaining such information and civil and criminal penalties for violations.
A.B. 834
S.B. 3676
Prohibits bankers from selling or otherwise making available a consumer’s credit card, Social Security or bank account number to a third party except as specifically provided for herein; authorizes an action for injunctive relief and for damages for violations; permits recovery of attorneys’ fees therein; provides for enforcement by the attorney general.
A.B. 869
Makes provisions for privacy in banking, insurance, and other financial transactions, forbidding disclosure of personal information without prior consent granted by the customer to the financial institution; requires written notice of privacy policies and practices be given to customers; requires security and confidentiality safeguards; prohibits disclosure of account number or access code information; provides for enforcement by the attorney general and authorizes private actions.
A.B. 2148
S.B. 607
Provides that no person, firm, partnership, corporation or association may sell, rent, exchange or in any other way release personal identification information to other persons and/or affiliates for their commercial purposes without the express written permission of the data subject; imposes civil monetary penalties for violations of such offense and authorizes the attorney general to issue an injunction against such defendant.
A.B. 2505
S.B. 2115
Enacts the “Personal Privacy Act of 2004” to comprehensively enhance, preserve, and protect the right of personal privacy; enacts a telecommunications privacy act; significantly expands upon present legal protections; includes use of voice, actual performance, identity, nickname, or objects in protections; regulates unsolicited electronic and other advertisements; establishes duty to maintain the confidentiality of health information; regulates collection, use, or disclosure of information by telecommunications carriers
A.B. 2837
S.B. 3195
Grants consumers the option to prohibit the rental, sale, exchange or other availability of personal information possessed by an issuer of a credit card, charge card or debit card; requires notice of such option be given to cardholders by credit card, charge card and debit card issuers in existing bill mailings and in credit card and debit card agreements and renewals thereof; limits any effect on credit card registration services.
A.B. 3131
Prohibits any person from disclosing health care information or personal information to a person who engages in the business of accessing and compiling information for commercial purposes or whose use of such information will be in connection with the marketing of a product or service without the explicit written authorization of the data subject.
A.B. 3787
Regulates the collection, disclosure and dissemination of personal information acquired by a provider of on-line computer services in order to ensure the privacy of subscriber information and wage patterns.
A.B. 4093
Prohibits the dissemination of certain personal information, including but not limited to, names, addresses, children and bank accounts, when such information relates to a petition for guardianship.
A.B. 4385
Enacts New York State Internet Privacy Law to which operators of Web sites may voluntarily be subject; limits disclosure of personal information to those submitting to the law by publicizing that they comply with such law; provides for enforcement.
A.B. 5153
Passed Assembly 6/4/03
S.B. 4557
Makes unsolicited electronic mail advertising unlawful unless certain information is provided by the sender, including the sender’s name and street and e-mail address; prohibits sale, lease or exchange of certain personal identifying information obtained online without the knowledge and affirmative consent of the consumer; makes provisions for penalties for violations.
A.B. 5157
Prohibits the use of inmate labor to access, collect or process personal information relating to a natural person residing in this state; provides for a civil penalty of not more than $1,500 for a first violation and not more than $2,500 for a second or subsequent violation.
A.B. 6576
Passed Assembly 4/14/03
S.B. 3192
Restricts insurers from demanding intrusive personal, financial and tax information from insureds as a standard practice in processing ordinary theft claims where no special circumstances warranting a demand for such information exists.
A.B. 6603
Provides no personal information, including Social Security numbers, shall be reported to the congenital malformations registry without parental consent if diagnosed within two years of birth; violations will subject a person to penalties, and such information may be removed from the registry on request if submitted in violation.
A.B. 7489
Relates to regulating the use and dissemination of confidential customer information by financial institutions; prohibits the disclosure of financial information without the informed consent of the customer to whom the information relates; establishes the basic privacy rights for financial information; authorizes attorney general enforcement; imposes civil penalties; allows a private cause of action.
A.B. 8031
S.B. 5011
Provides for the protection of confidential personal information collected and distributed by individual reference services providers or marketing list brokers; establishes exclusion lists, penalties and grounds for civil liability.
A.B. 9184
Requires any state agency or business which owns or licenses a computerized database which includes vulnerable personal information shall disclose any breach of security of such system to any resident of New York state whose unencrypted personal information may have been acquired by an unauthorized person; provides enforcement provisions.
A.B. 9220
S.B. 6017
Enacts the Financial Information New York Privacy Act to require that financial institutions obtain consent from consumers prior to disclosing nonpublic personal information; defines terms and sets penalties.
S.B. 256
Requires every entity providing goods or services to customers and which hold records containing personal information on such entity’s customers, to destroy such records prior to discarding the records; defines “personal information”; imposes a civil fine of not more than $100 for each violation thereof.
S.B. 600
Enacts New York State Internet Privacy Law to which operators of Web sites may voluntarily be subject; limits disclosure of personal information to those submitting to the law by publicizing that they comply with such law; provides for enforcement.
S.B. 1100
Enacts the “Internet Privacy Policy Act”; prohibits disclosure by any state agency of the personal information, including credit card numbers, of any subscriber to an interactive computer service operated by such an agency without the consent of such subscriber; direct the office for technology to establish an on-line privacy notice relating to such provisions.
S.B. 1950
Restricts the right of certain utility corporations to sell or otherwise distribute information concerning residential customers, subscriber names and addresses subjecting the same to regulations by the public service commission; prohibits such utility from disclosing and marketing certain other information about its customers; permits a violated customer to bring an action against such utility and imposes a fine of not more than $500 for a violation.
S.B. 2544
Provides that banking institutions in New York State may release customer information in the following manner; (a) to the actual customer or authorized agent, or (b) unless a customer affirmatively and in writing prohibits the release, to a subsidiary or affiliate of the banking institution, or, (c) to any other persons or entities if the customer information intended to be released consists only of customer identification, (e.g. name or address of customer) and/or is recorded in public records; defines the term “customer information” to mean account records and any other information constructed from those records relating to the customer’s relationship with the institution.
S.B. 2713
Creates a nine member privacy task force within the state Office for Technology to conduct ongoing review of state and local laws, regulations and practices with respect to the compilation, protection and dissemination of “personal information”; provides for composition of the task force and for annual reports to the governor and the legislature.
S.B. 3637
Enacts the consumer privacy act to protect the personal privacy of individuals and families who choose to retain such privacy without unreasonably restricting the ability of commercial entities to collect and use information necessary to conduct business or as is permitted by the subject of such information: defines terms; prohibits wrongful disclosure of protected personal information with certain exceptions; provides for civil liability for wrongful disclosure; authorizes the attorney general to bring enforcement action for injunction and penalties; limits time period in which such an action may be brought.
S.B. 4150
Prohibits the disclosure of personal information on consumers by banking organizations to third parties without providing notice in plain language to the consumer in writing or electronic form.
North Carolina S.B. 947
Prohibits, when credit or debit cards are accepted for the transaction of business, the printing of more than five digits of the credit card account number on any receipt provided at the point of sale.
North Dakota H.B. 1287
Limits the disclosure of information by consumer reporting agencies without the consumer’s consent.
H.B. 1477
Passed House 2/19/03
Relates to securities privacy of information.
H.B. 1485
Relates to securities privacy of nonpublic personal information.
Oklahoma H.B. 1680
Provides exemption from Open Records Act for private financial account information.
S.B. 552
Relates to insurance; relates to nonpublic personal information; specifies language to be included on certain form; provides exception.
Oregon H.B. 3413
Establishes personal information program. Prohibits person from selling personally identifiable information about individual who has filed notice with personal information program. Creates exceptions. Makes violation of prohibition unlawful trade practice. Directs Attorney General to contract with person to administer program. Authorizes Attorney General to adopt rules to govern program.
S.B. 308
Prohibits disclosure of personal financial information of victims and witnesses to defendants in criminal cases. Includes verbal representation as way to commit identity theft.
S.B. 599
Creates statutory cause of action against person who negligently stores, transmits or disposes of personal identification when negligent storage, transmission or disposal allows commission of crime of identity theft. Provides that court may enjoin defendant who is found to be liable to take all actions on behalf of plaintiff necessary to correct credit ratings and other financial records relating to plaintiff.
S.B. 616
Prohibits business from disclosing personally identifiable information about customer without customer authorization. Creates exceptions. Grants claim for relief to customer injured by unauthorized disclosure. Prohibits admission in action or proceeding of information obtained in violation of Act.
S.B. 835
Prohibits public body, under certain circumstances, from disclosing personally identifiable information about individual if individual objects. Creates exceptions. Grants individual civil remedy for public body’s violation of prohibition.
S.B. 940
Allows sale, lease or rental of a payment processing system that shows no more than five digits of customer’s credit or debit card number. Allows creation of credit or debit card receipt that shows no more than five digits of customer’s credit or debit card number. Limits prohibition on lease or rental of system that shows more information about customer than customer’s name and five digits of customer’s credit or debit card number to system obtained through lease or rental agreement entered into on or after effective date of Act.
Pennsylvania H.B. 257
Provides for privacy protection for customer information.
H.B. 279
Prohibits persons who accept checks for the purchase of goods or services from writing a consumer’s Social Security Number on the check.
H.B. 885
Adds provisions relating to privacy protection for customer information of financial transactions; defines the offense of public or private grant solicitation; and imposes penalties.
H.B. 1223
Amends the Credit Card Information Act, prohibiting certain credit card information on receipts.
S.B. 705
Includes false or misleading statements in a privacy policy, published on the Internet or otherwise distributed or published regarding the use of personal information submitted by members of the public as a deceptive or fraudulent business practice.
Rhode Island H.B. 5283
Establishes liability with respect to the electronic printing of credit card account numbers on sales receipts.
H.B. 5786
Prohibits the disclosure of personal information obtained in connection with motor vehicle records unless the state has obtained the express consent of the person to whom such personal information pertains.
South Carolina H.B. 3232
Relates to definitions used in the Family Privacy Protection Act of 2002, so as to change the definition of “commercial solicitation”; and relates to the prohibition of knowingly obtaining or using personal information obtained from a public body for commercial solicitation directed to a person in this state, so as to substitute “state agency” for “public body” and provides an exclusion.
S.B. 6
Relates to definitions used in the Family Privacy Protection Act of 2002, so as to change the definition of “commercial solicitation”; and relates to the prohibition of knowingly obtaining or using personal information obtained from a public body for commercial solicitation directed to a person in this state, so as to substitute “state agency” for “public body” and provides an exclusion.
South Dakota H.B. 1085
Requires that financial institutions obtain consent before sharing a consumer’s personally identifiable information with nonaffiliated third parties.
Tennessee H.B. 709
S.B. 639
Expands the Tennessee Identity Theft Deterrence Act to prohibit any persons from disclosing to another person, for money or anything else of value, any personal information or data possessed by one person concerning another person’s financial documents, identification documents, or personal identification numbers, unless: (1) The disclosure is made to a consumer reporting agency for purposes of the consumer report; (2) The disclosure is made to or by persons affiliated with the issuer of a financial transaction card by common ownership or control solely to perform functions for or on behalf of the issuer. The affiliated person could not disclose information received, unless the issuer could make the disclosure under the provisions of this bill; (3) If the issuer of the financial transaction card is a retailer, the disclosure is made to or by contractors or agents of the issuers to perform functions for or on behalf of the issuer. The contractor or agent could not disclose information received, unless the issuer could make the disclosure under the provisions of this bill; and (4) The information is subpoenaed or otherwise properly requested by any court of law enforcement agency. The present law provision whereby a victim bringing a private action against a violator may recover treble damages would also apply to transfers of information in violation of this bill. Renames the present law Act to be the Tennessee Identification and Personal Information Act of 2003.
H.B. 1168
S.B. 1556
Expands the Tennessee Identity Theft Deterrence Act to prohibit any persons from disclosing to another person, for money or anything else of value, any personal information or data possessed by one person concerning another person’s financial documents, identification documents, or personal identification numbers, unless: (1) The disclosure is made to a consumer reporting agency for purposes of the consumer report; (2) The disclosure is made to or by persons affiliated with the issuer of a financial transaction card by common ownership or control solely to perform functions for or on behalf of the issuer. The affiliated person could not disclose information received, unless the issuer could make the disclosure under the provisions of this bill; (3) If the issuer of the financial transaction card is a retailer, the disclosure is made to or by contractors or agents of the issuers to perform functions for or on behalf of the issuer. The contractor or agent could not disclose information received, unless the issuer could make the disclosure under the provisions of this bill; and (4) The information is subpoenaed or otherwise properly requested by any court of law enforcement agency. The present law provision whereby a victim bringing a private action against a violator may recover treble damages would also apply to transfers of information in violation of this bill. Renames the present law Act to be the Tennessee Identification and Personal Information Act of 2003.
Texas H.B. 56
S.B. 796
Establishes a financial institution’s obligations to notify its customers of their abilities to prevent the financial institution from disclosing customer information except under certain circumstances. Specifically, a financial institution may disclose customer information to a nonaffiliated third party if: the financial institution has provided the customer the opportunity to prevent the disclosure as provided by the bill; the disclosure is incidental to the third party’s performance of a service or function for or on behalf of the financial institution; or the disclosure is authorized by applicable federal law. A financial institution may not otherwise disclose customer information to a nonaffiliated third party.
H.B. 2068
Relates to access by a financial institution to certain personal information maintained by a transportation agency; provides a criminal penalty.
Vermont S.B. 174
Proposes to ensure that a customer’s record containing personal information held by a business will be properly discarded.
H.B. 2292
Requires that the record of any divorce suit not contain the social security number of any party or of any minor child, or any financial information. This type of information, to the extent required by law to be provided to a governmental agency, shall be contained in a summary order. Such summary order can be used to distribute the information as required by law (e.g., to the Bureau of Vital Statistics) but shall otherwise be confidential except for the parties, their attorneys, and by court order.
S.B. 654Provides for a subpoena duces tecum to obtain customer records from financial institutions and credit card issuers for a legitimate law-enforcement reason.
West Virginia H.B. 2425
Relates to the confidentiality of public records as to social security numbers or other personal and sensitive information.
H.B. 2766
Relates to insurance company holding systems and amendments required by the federal Gramm-Leach-Bliley Act; allows insurance companies to acquire or be acquired by depository institutions; amends the period of time within which a public hearing and action thereon may be taken by the commissioner upon a statement filed by a person offering to acquire control of a n insurance company.
H.B. 2776
Authorizes limited disclosure of confidential information received by the insurance commissioner, makes amendments regarding disclosure of confidential information by the insurance commissioner to federal banking agencies required by the federal Gramm-Leach-Bliley Act.
Wisconsin A.B. 83
Prohibits a person (which includes a corporation) from selling information about Wisconsin residents that is obtained from credit card transaction records. Provides for certain exceptions from this prohibition. Excepts disclosures to credit reporting agencies for the purpose of preparing a credit report and disclosures by credit reporting agencies. Contains certain exceptions for disclosing information to affiliates of the person making the disclosure and to contractors or agents of the issuer for the purpose of performing functions for or on behalf of the issuer. Persons violating the disclosure provisions created in the bill are subject to a forfeiture of not more than $10,000 for each violation. Authorizes the Department of Justice to bring actions in circuit court to enjoin violations of the disclosure provisions.
S.B. 309
Generally prohibits any financial institution from disclosing personal, financial information relating to a customer of the financial institution, unless the customer “opts in” or consents to the disclosure. Specifies numerous exceptions to this prohibition.

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