HF 3146

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; modifying restrictions on the collection and
use of Social Security numbers; amending Minnesota Statutes 2006, section
325E.59, subdivision 3; Minnesota Statutes 2007 Supplement, section 325E.59,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2007 Supplement, section 325E.59, subdivision 1, is
amended to read:

Subdivision 1.

Generally.

(a) A person or entity, not including a government entity,
may not do any of the following:

(1) publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to intentionally communicate or
otherwise make available to the general public;

(2) print an individual's Social Security number on any card required for the
individual to access products or services provided by the person or entity;

(3) require an individual to transmit the individual's Social Security number over
the Internet, unless the connection is secure or the Social Security number is encrypted,
except as required by titles XVIII and XIX of the Social Security Act and by Code of
Federal Regulations, title 42, section 483.20;

(4) require an individual to use the individual's Social Security number to access an
Internet Web site, unless a password or unique personal identification number or other
authentication device is also required to access the Internet Web site;

(5) print a number that the person or entity knows to be an individual's Social
Security number on any materials that are mailed to the individual, unless state or federal
law requires the Social Security number to be on the document to be mailed. If, in
connection with a transaction involving or otherwise relating to an individual, a person
or entity receives a number from a third party, that person or entity is under no duty to
inquire or otherwise determine whether the number is or includes that individual's Social
Security number and may print that number on materials mailed to the individual, unless
the person or entity receiving the number has actual knowledge that the number is or
includes the individual's Social Security number;

(6) assign or use a number as the primary account identifier that is identical to or
incorporates an individual's complete Social Security number new text begin , except in conjunction with
an employee or member retirement or benefit plan new text end ; or

(7) sell Social Security numbers obtained from individuals in the course of business.

Notwithstanding clauses (1) to (5), Social Security numbers may be included in
applications and forms sent by mail, including documents sent as part of an application or
enrollment process, or to establish, amend, or terminate an account, contract, or policy,
or to confirm the accuracy of the Social Security number. Nothing in this paragraph
authorizes inclusion of a Social Security number on the outside of a mailing or in the bulk
mailing of a credit card solicitation offer.

(b) A person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees new text begin or agents new text end who require new text begin
access to records containing new text end the numbers in order to perform their job duties have access
to the numbers, except as required by titles XVIII and XIX of the Social Security Act and
by Code of Federal Regulations, title 42, section 483.20.

(c) This section applies only to the use of Social Security numbers on or after July
1, 2008.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 325E.59, subdivision 3, is amended to read:

Subd. 3.

Coordination with other law.

new text begin (a) new text end This section does not prevent the
collection, use, or release of a Social Security number as deleted text begin required deleted text end new text begin authorized new text end by
state or federal law or the use of a Social Security number for internal verification or
administrative purposes.

new text begin (b) This section does not prevent the release of a Social Security number as part of a
consumer report as defined in United States Code, title 15, section 1681a, paragraph (d),
or in a request for such a report, that is furnished as a result of a transaction initiated by a
consumer with the consumer's consent, furnished to a consumer's current or prospective
employer with the consumer's consent, or furnished to a court or law enforcement agency.
new text end

new text begin (c) This section does not prohibit the use, disclosure, or transfer of a Social Security
number in connection with the transfer of a loan, security, debt, account, or life insurance
policy, where the value of the asset being transferred is based upon the ability to verify the
identity of an individual that is a subject of an asset that is being transferred. For purposes
of this paragraph, "transfer" includes an assignment as collateral.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end