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H0556..............................................................by TRAIL
GOVERNMENT DATA COLLECTION/DISSEMINATION - Adds to existing law to provide
legislative findings; and to require recordkeeping agencies and political
subdivisions of the state of Idaho to adhere to designated principles of
information practice.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 556
BY TRAIL
1 AN ACT
2 RELATING TO GOVERNMENTAL INFORMATION PRACTICES; AMENDING TITLE 67, IDAHO CODE,
3 BY THE ADDITION OF A NEW CHAPTER 88, TITLE 67, IDAHO CODE, TO PROVIDE LEG-
4 ISLATIVE FINDINGS, TO REQUIRE CERTAIN RECORDKEEPING AGENCIES AND POLITICAL
5 SUBDIVISIONS OF THE STATE OF IDAHO TO ADHERE TO DESIGNATED PRINCIPLES OF
6 INFORMATION PRACTICE AND TO DEFINE TERMS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended
9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
10 ter 88, Title 67, Idaho Code, and to read as follows:
11 CHAPTER 88
12 GOVERNMENT DATA COLLECTION AND DISSEMINATION PRACTICES
13 67-8801. LEGISLATIVE FINDINGS. (1) An individual's privacy is directly
14 affected by the extensive collection, maintenance, use and dissemination of
15 personal information;
16 (2) The increasing use of computers and sophisticated information tech-
17 nology has greatly magnified the harm that can occur from these practices;
18 (3) An individual's opportunities to secure employment, insurance,
19 credit, and his right to due process, and other legal protections are endan-
20 gered by the misuse of certain of these personal information systems; and
21 (4) In order to preserve the rights guaranteed a citizen in a free soci-
22 ety, legislation is necessary to establish procedures to govern information
23 systems containing records on individuals.
24 67-8802. PRINCIPLES OF INFORMATION PRACTICE. (1) Recordkeeping agencies
25 of the state of Idaho and political subdivisions shall adhere to the following
26 principles of information practice to ensure safeguards for personal privacy:
27 (a) There shall be no personal information system whose existence is
28 secret;
29 (b) Information shall not be collected unless the need for it has been
30 clearly established in advance;
31 (c) Information shall be appropriate and relevant to the purpose for
32 which it has been collected;
33 (d) Information shall not be obtained by fraudulent means;
34 (e) Information shall not be used unless it is accurate and current;
35 (f) There shall be a prescribed procedure for an individual to request
36 information to learn the purpose for which information has been recorded
37 and particulars about its use and dissemination;
38 (g) There shall be a clearly prescribed and uncomplicated procedure for
39 an individual to request that an agency correct, erase or amend inaccu-
40 rate, obsolete or irrelevant information;
41 (h) Any agency holding personal information shall assure its reliability
2
1 and take precautions to prevent its misuse. On and after July 1, 2004, no
2 agency shall display the social security number of a data subject on a
3 student or employee identification card. Provided however, that for uni-
4 versities and colleges that have such a prevention plan for misuse of per-
5 sonal information in place on or before July 1, 2004, in compliance with
6 this section, the date shall be January 1, 2005;
7 (i) On and after July 1, 2004, all clerks may refuse to accept any
8 instrument submitted for recordation that includes a grantor's, grantee's
9 or trustee's social security number;
10 (j) There shall be a clearly prescribed procedure to prevent personal
11 information collected for one purpose from being used for another purpose;
12 (k) The state of Idaho or any agency or political subdivision thereof
13 shall not collect personal information except as explicitly or implicitly
14 authorized by law. Agencies shall be authorized to collect personal infor-
15 mation in the event such information is collected in association with the
16 provision of services, billing and collection purposes, or law enforcement
17 activities;
18 (l) On and after July 1, 2004, no state agency, or political subdivision
19 thereof, shall deliver or cause to be delivered an envelope or package
20 upon which a social security number is printed or applied or can be seen
21 from the outside of the envelope or package; and
22 (m) On or before July 1, 2004, all state agencies and political subdivi-
23 sions thereof shall implement procedures for the disposal, physical
24 destruction or other disposition of public records containing social secu-
25 rity numbers. The procedures shall include reasonable steps to destroy
26 such documents by shredding, erasing or otherwise modifying the social
27 security numbers in the records to make them unreadable or undecipherable
28 by any means.
29 (2) For purposes of this chapter:
30 (a) "Agency" means the state of Idaho, or a city, county or other politi-
31 cal subdivision of the state of Idaho, and any officer, agency, board,
32 commission, department or similar body of the state of Idaho, city, county
33 or other political subdivision of the state of Idaho.
34 (b) "Personal information" means any information that identifies an
35 individual including an individual's name, address, telephone number,
36 social security number, photograph, or computerized image.
37 (c) "Personal information system" means any method by which personal
38 information is collected, stored or disseminated by an agency.
STATEMENT OF PURPOSE
RS 13542
This proposed legislation relates to governmental practices which
would amend Title 67, Idaho Code, by the addition of a new
Chapter 88, Title 67, Idaho Code, to provide legislative
findings, to require certain recordkeeping agencies and political
subdivisions of the State of Idaho to adhere to designated
principles of information practice and to define terms.
FISCAL IMPACT
There may be some slight increased costs incurred in monitoring
the Act.
Contact
Name: Representative Tom Trail
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 556