2001 Legislation
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HOUSE BILL NO. 116 – Personal info, released, notificatn

HOUSE BILL NO. 116

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                     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