View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2001
IN 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