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SF 793

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to consumer protection; restricting the use of Social Security numbers;
amending Minnesota Statutes 2006, section 325E.59, subdivision 1, by adding a
subdivision; repealing Minnesota Statutes 2006, section 325E.59, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, 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, unlessnew text begin :
new text end

new text begin (i)new text end the connection is secure or the Social Security number is encrypteddeleted text begin ,deleted text end new text begin ;
new text end

new text begin (ii) the number is essential to the transaction; and
new text end

new text begin (iii) there is no other identifier that reasonably could be used,
new text end

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 maileddeleted 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 ;

(6) assign or use a number as the primary account identifier that is identical to or
incorporates an individual's complete Social Security number;deleted text begin ordeleted text end

(7) sell Social Security numbers obtained from individuals in the course of businessnew text begin ;
new text end

new text begin (8) 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 (9) 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 .

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 or in the bulk
mailing of a credit card solicitation offer.
deleted text end

(b) A person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees who require 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.

deleted text begin (c) 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

Sec. 2.

Minnesota Statutes 2006, 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 2006, 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, 2007.
new text end