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H0116..............................................................by TRAIL PERSONAL INFORMATION - Adds to existing law to require notification upon request regarding the release of nonpublic personal health or financial information; to provide a sharing of compensation; to provide definitions; and to provide application. 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 116 BY TRAIL 1 AN ACT 2 RELATING TO NONPUBLIC PERSONAL INFORMATION; PROVIDING LEGISLATIVE INTENT; 3 AMENDING CHAPTER 6, TITLE 48, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 4 48-603F, IDAHO CODE, TO REQUIRE NOTIFICATION UPON REQUEST REGARDING THE 5 RELEASE OF NONPUBLIC PERSONAL HEALTH OR FINANCIAL INFORMATION, TO PROVIDE 6 FOR A SHARING OF COMPENSATION, TO PROVIDE DEFINITIONS AND TO PROVIDE 7 APPLICATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. LEGISLATIVE INTENT. The Legislature finds that, with respect 10 to nonpublic personal information, the privacy right of Idaho residents is 11 fundamental and substantial. Idaho residents should have the right to be aware 12 of, and make informed decisions concerning, the dissemination of their per- 13 sonal information to commercial solicitors. The requirement that Idaho resi- 14 dents be advised, upon their request, that their nonpublic personal informa- 15 tion has been disseminated to commercial solicitors will allow Idaho residents 16 to better protect their privacy rights as they relate to the dissemination of 17 such personal information. 18 SECTION 2. That Chapter 6, Title 48, Idaho Code, be, and the same is 19 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 20 ignated as Section 48-603F, Idaho Code, and to read as follows: 21 48-603F. NOTIFICATION CONCERNING THE RELEASE OF NONPUBLIC PERSONAL HEALTH 22 OR FINANCIAL INFORMATION. (1) If any person sells, rents, licenses, exchanges 23 or in any other way transfers, for consideration, nonpublic personal health or 24 financial information, as defined in this section, regarding an Idaho natural 25 person to any unaffiliated third party for use in a commercial solicitation by 26 an unaffiliated third party, and that natural person makes written inquiry 27 concerning the person's privacy policies and practices, such person shall con- 28 vey to the natural person twenty-five percent (25%) of all moneys, consider- 29 ation, gratuities or compensation of any kind received by the person and such 30 person shall notify the natural person, clearly and conspicuously and in writ- 31 ing: 32 (a) That the person sells, rents, licenses, exchanges or in any other way 33 transfers, for consideration, nonpublic personal health or financial 34 information regarding the natural person to any unaffiliated third party 35 for use in a commercial solicitation; 36 (b) The identity of each unaffiliated third party to whom the person 37 sells, rents, licenses, exchanges or in any other way transfers, for con- 38 sideration, nonpublic personal health or financial information regarding 39 the natural person for use in a commercial solicitation by the 40 unaffiliated third party; 41 (c) Each type of nonpublic personal health or financial information that 42 the person sells, rents, licenses, exchanges or in any other way trans- 2 1 fers, for consideration, regarding the natural person to any unaffiliated 2 third party for use in a commercial solicitation; and 3 (d) Procedures by which the natural person may stop the person from any 4 future selling, renting, licensing, exchanging or in any other way trans- 5 ferring, for consideration, nonpublic personal health or financial infor- 6 mation regarding the natural person to any unaffiliated third party. 7 (2) As used in this section: 8 (a) "Commercial solicitation" means an offer for the sale of goods or 9 services. 10 (b) "Nonpublic personal financial information" means information which 11 both identifies an individual and which includes: 12 (i) The individual's savings or checking account numbers, customer 13 numbers, brokerage account numbers, credit card numbers, credit card 14 type or classification, certificate of deposit numbers or social 15 security numbers; 16 (ii) The status or frequency of use of any accounts or credit cards 17 held by the individual; 18 (iii) The balance or average balance of any of the individual's 19 accounts; 20 (iv) The amount of any certificate of deposit held by the individ- 21 ual; 22 (v) Cash advance amounts, line of credit amounts, amount of remain- 23 ing credit available on a credit card, line of credit or cash advance 24 credit line; 25 (vi) The balance as reflected on any statement for any credit card, 26 loan, line of credit or cash advance account; or 27 (vii) Any information obtained from a loan account or an application 28 for a loan. 29 (c) "Nonpublic personal health information" means information which both 30 identifies an individual and which relates to: 31 (i) Ailments, infirmities, illnesses or health conditions 32 afflicting the individual or a member of his family; 33 (ii) The past, present or future physical, mental or behavioral 34 health or condition of the individual or a member of his family; 35 (iii) The provision of health care to the individual or to a member 36 of his family; or 37 (iv) Any medication or treatment prescribed for ailments suffered by 38 the individual or by a member of his family. 39 (3) Notwithstanding section 48-605, Idaho Code, this section shall apply 40 to persons subject to chapter 13, title 41, Idaho Code. 41 (4) Nothing in this section shall be construed to affect or amend other 42 provisions of Idaho law which afford greater protection to nonpublic personal 43 financial information. 44 (5) This section applies only to lists and compilations of personal 45 information created after July 1, 2001.
STATEMENT OF PURPOSE RS 10711C2 The legislative intent with respect to nonpublic personal information is that Idaho residents should have the right to be aware of, and make informed decisions concerning, the dissemination of their personal information to commercial solicitors. The requirement that Idaho residents be advised, upon their request, that their nonpublic personal information has been disseminated to commercial solicitors will allow Idaho residents to better protect their privacy rights as they relate to the dissemination of such personal information. A new section, 48-603F, notes that if any person sells, rents, licenses, exchanges or in any other way transfers, for consideration, nonpublic personal health or financial information, as defined in this section, regarding an Idaho natural person to any unaffiliated third party for use in a commercial solicitation by an unaffiliated third party, and that natural person makes written inquiry concerning the person s privacy policies and practices, such person shall convey to the natural person twenty-five percent (25%) of all moneys, consideration, gratuities or compensation of any kind received by the person and such person shall notify the natural person, clearly and conspicuously and in writing. FISCAL IMPACT There would be some cost to the General Fund based on the number of complaints received. Contact Name: Rep. Tom Trail Phone: 332 1202 STATEMENT OF PURPOSE/FISCAL NOTE H 116