HF 2960

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; restricting the use of Social Security numbers;
amending Minnesota Statutes 2005 Supplement, section 325E.59, subdivision
1, by adding a subdivision; repealing Minnesota Statutes 2005 Supplement,
section 325E.59, subdivision 2.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 1, is
amended to read:

Subdivision 1.

Generally.

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; new text begin
the number is essential to the transaction, and there is no other identifier that reasonably
could be used;
new text end

(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; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ; new text end deleted text begin 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.
deleted text end

deleted text begin 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.
deleted text end

deleted text begin Except as provided in subdivision 2, this section applies only to the use of Social
Security numbers on or after July 1, 2007.
deleted text end

new text begin (6) sell, lease, loan, trade, rent, or otherwise disclose an individual's Social Security
number to a nonaffiliated, third party for any purpose without written affirmative consent
to the disclosure from the individual; or
new text end

new text begin (7) refuse to do business with an individual because he or she will not consent to
the receipt by the person of his or her Social Security number, unless in connection with
the transaction the person:
new text end

new text begin (i) has a permissible purpose to obtain the individual's credit report under Section
604 of the federal Fair Credit Reporting Act, United States Code, title 15, section 1681(b),
and there is no other identifier that reasonably could be used by that person in the exercise
thereof; or
new text end

new text begin (ii) is expressly required by federal law to submit to the federal government the
individual's Social Security number.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 325E.59, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Penalties and remedies. new text end

new text begin A person violating this section is subject to
the penalties and remedies in section 8.31.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2005 Supplement, section 325E.59, subdivision 2, new text end new text begin is repealed.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective July 1, 2006.
new text end