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H0595................................by JUDICIARY, RULES AND ADMINISTRATION
HEALTH/FINANCIAL INFORMATION - Adds to existing law to provide that it is
unlawful for any person to release nonpublic personal health or financial
information about an individual.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
H0595
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 595
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE UNAUTHORIZED RELEASE OF NONPUBLIC PERSONAL INFORMATION; PRO-
3 VIDING LEGISLATIVE INTENT; AMENDING CHAPTER 6, TITLE 48, IDAHO CODE, BY
4 THE ADDITION OF A NEW SECTION 48-603F, IDAHO CODE, TO PROVIDE PROHIBITED
5 ACTS, TO PROVIDE DEFINITIONS AND TO PROVIDE EXCEPTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. LEGISLATIVE INTENT. The Legislature finds that with respect to
8 nonpublic personal information, the privacy right of Idaho residents is funda-
9 mental and substantial. Idaho residents should have the right to determine and
10 control which personal information may be made available to commercial solici-
11 tors before it is released.
12 Requiring that Idaho residents grant written permission for the dissemina-
13 tion of nonpublic personal information to commercial solicitors before it may
14 be released is the most reasonable means available in order to protect the
15 privacy rights of Idaho's residents.
16 SECTION 2. That Chapter 6, Title 48, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 48-603F, Idaho Code, and to read as follows:
19 48-603F. UNAUTHORIZED RELEASE OF NONPUBLIC PERSONAL HEALTH OR FINANCIAL
20 INFORMATION. (1) It is unlawful for any person to sell, rent, license,
21 exchange or in any other way transfer for consideration, nonpublic personal
22 health or financial information regarding a natural person to any third party
23 for use in commercial solicitations without first obtaining the prior express
24 consent of the person who is the subject of the information.
25 (2) As used in this section:
26 (a) "Commercial solicitation" means an enticement for the sale of goods
27 or services.
28 (b) "Nonpublic personal financial information" means information which
29 identifies an individual and which includes:
30 (i) The individual's savings or checking account numbers, customer
31 numbers, brokerage account numbers, credit card numbers, credit card
32 type or classification, certificate of deposit numbers or social
33 security numbers;
34 (ii) The status and frequency of use of any accounts or credit cards
35 held by the individual;
36 (iii) The balance or average balance of any of the individual's
37 accounts;
38 (iv) The amount of any certificate of deposit held by the individ-
39 ual;
40 (v) Cash advance amounts, line of credit amounts, amount of remain-
41 ing credit available on a credit card, line of credit or cash advance
42 credit line;
2
1 (vi) The balance as reflected on any statement for any credit card,
2 loan, line of credit or cash advance account;
3 (vii) Any information relating to a loan account or an application
4 for a loan.
5 (c) "Nonpublic personal health information" means information which iden-
6 tifies an individual and which relates to:
7 (i) Ailments, infirmities, illnesses or health conditions
8 afflicting the individual or a member of his family;
9 (ii) The past, present or future physical, mental or behavioral
10 health or condition of the individual or a member of his family;
11 (iii) The provision of health care to the individual or to a member
12 of his family;
13 (iv) Any medication or treatment prescribed for ailments suffered by
14 the individual or by a member of his family.
15 (3) The provisions of this section prohibiting the release of nonpublic
16 personal information shall not apply to:
17 (a) Release of nonpublic personal information based upon the express
18 prior permission of the subject of the information;
19 (b) The reporting of necessary information to consumer reporting agencies
20 in compliance with the provisions of the federal fair credit reporting
21 act, 15 U.S.C. section 1681 et seq., and any regulations promulgated
22 thereunder, as from time to time amended;
23 (c) The release of public records by governmental agencies, in compliance
24 with the provisions of the public record laws, sections 9-337 through
25 9-349A, Idaho Code, as from time to time amended;
26 (d) Summary information released to third parties for statistical compi-
27 lations which does not identify the person who is the subject of the sum-
28 marized information;
29 (e) Information given by a health care provider or health insurance car-
30 rier to a pharmacist or other health care provider for the purpose of pro-
31 viding diagnosis, treatment or health care to a patient;
32 (f) Information provided to an agent of, or contractor for, a person or
33 business in possession of nonpublic personal health or financial informa-
34 tion for use in a commercial solicitation on behalf of the person or busi-
35 ness;
36 (g) The inadvertent release of nonpublic personal information, provided
37 the business inadvertently releasing such information had previously
38 adopted and implemented procedures to prevent the improper release of such
39 information.
40 (4) Section 48-605, Idaho Code, notwithstanding, this section shall apply
41 to persons subject to chapter 13, title 41, Idaho Code.
42 (5) Nothing in this section shall be construed to affect or to amend
43 other provisions of Idaho law which afford greater protection to personal
44 information.
STATEMENT OF PURPOSE
RS 09899
This legislation modifies Chapter 6 of Title 48 Idaho Code by
creating a new code section, Idaho Code 48-603F. The proposed
code section would prohibit the unauthorized transfer of certain
types of highly personal information about an individual to third
parties for use by third parties for the purpose of a commercial
solicitation. The personal information covered by the prohibition
includes a person's financial affairs or the physical, mental
health or pharmaceutical records of the individual.
The bill does not affect or amend any other provision of Idaho law
which afford greater protection for personal information. This
legislation does not nullify the legal precedent found in Peterson
v. Idaho First National Bank, 83 Idaho 578 (1961) or statutory
provisions which afford greater protection.
This bill reaffirms Idaho legislative policy protecting the private
affairs of Idahoans.
FISCAL NOTE
There is no fiscal impact upon the general fund of the State.
Contact: William A. von Tagen, Office of Attorney General
Phone: 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE H 595