SF 2390

3rd 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 or human resource or payroll
administration new text end ; or

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

new text begin (b) For purposes of paragraph (a), clause (7), "sell" does not include the release of
an individual's Social Security number if the release of the Social Security number is
incidental to a larger transaction and is necessary to identify the individual in order to
accomplish a legitimate business purpose. The release of a Social Security number for the
purpose of marketing is not a legitimate business purpose under this paragraph.
new text end

new text begin (c) new text end Notwithstanding new text begin paragraph (a), new text end 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 begin (b) deleted text end new text begin (d) new text end A person or entity, not including a government entity, must restrict access
to individual Social Security numbers it holds so that only new text begin its new text end employees new text begin , agents, or
contractors 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.

deleted text begin (c) deleted text end new text begin (e) new text end 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.

This section does not prevent new text begin :
new text end

new text begin (1) new text end the collection, use, or release of a Social Security number as required by state
or federal law new text begin ; new text end

new text begin (2) the collection, use, or release of a Social Security number for a purpose
specifically authorized or specifically allowed by a state or federal law that includes
restrictions on the use and release of information on individuals that would apply to Social
Security numbers; new text end or

new text begin (3) new text end the use of a Social Security number for internal verification or administrative
purposes.

new text begin EFFECTIVE DATE. new text end

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