Legislature(2005 - 2006)BUTROVICH 205

02/22/2006 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 301 CHANGE OF VENUE IN CIVIL CASES TELECONFERENCED
Heard & Held
+ SB 222 PROTECTION OF PERSONAL INFORMATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
           SB 222-PROTECTION OF PERSONAL INFORMATION                                                                        
                                                                                                                                
10:29:40 AM                                                                                                                   
CHAIR RALPH SEEKINS announced SB 222 to be up for consideration.                                                                
                                                                                                                                
SENATOR GENE THERRIAULT  moved version I as  the working document                                                               
before the committee.                                                                                                           
                                                                                                                                
CHAIR SEEKINS objected for explanation.                                                                                         
                                                                                                                                
SENATOR GRETCHEN GUESS  explained Article 1 relates  to breach of                                                               
security  involving  personal  information.  It  deals  with  the                                                               
definition of personal information  and the requirement to notify                                                               
people during  a breach  of security. There  are four  changes in                                                               
the  section.   The  first   is  a   definition  of   "clause  of                                                               
information" on page 24; line 12.  The second change is to delete                                                               
"whether  or not  the personal  information has  or has  not been                                                               
accessed  by an  unauthorized  third part  for  legal or  illegal                                                               
purposes" on page 2; lines 2-3.                                                                                                 
                                                                                                                                
10:32:11 AM                                                                                                                   
The  third  change  is  page  4; line  11  to  include  the  word                                                               
"currently" before lawfully  available. At one time  in Alaska it                                                               
was lawful to obtain social security  numbers and the bill had to                                                               
be clarified  to recognize  things that may  have been  lawful at                                                               
the time  of occurrence. The  fourth change  is on page  4; lines                                                               
22-24 where  the pass code language  was deleted. It can  be easy                                                               
to guess a person's password or pass code.                                                                                      
                                                                                                                                
10:34:07 AM                                                                                                                   
Article 2  relates to credit  reports and security  freezes. This                                                               
section only  deals with consumer  credit reporting  agencies. On                                                               
page  6 lines  15-16, language  was  added that  would allow  the                                                               
agency  to treat  an application  as incomplete  when there  is a                                                               
security freeze on the consumer's  credit report. The next change                                                               
is a  narrowed definition on  page 23; lines 27-31  regarding the                                                               
consumer credit reporting agencies.                                                                                             
                                                                                                                                
10:36:43 AM                                                                                                                   
Article  3 starts  on page  13 and  there are  no changes  in the                                                               
section  but it  discusses  consumer rights  and  the process  in                                                               
monitoring credit accuracy.                                                                                                     
                                                                                                                                
Article 4 is related to  protection of the social security number                                                               
and  page 16;  line  27 of  the bill  adds  the language  "unless                                                               
expressly  required by  federal  or  state law."  It  is not  the                                                               
intent to prohibit anything that  is required by state or federal                                                               
law to disclose a social security number if needed.                                                                             
                                                                                                                                
Page  16;  line  30  is   a  new  section  addressing  additional                                                               
governmental  prohibition.   It  says  that  a   state  or  local                                                               
government agency  is not  allowed to ask  for a  social security                                                               
number unless required by state or federal law.                                                                                 
                                                                                                                                
CHAIR SEEKINS  asked the  reason for making  an exception  to the                                                               
judicial branch.                                                                                                                
                                                                                                                                
SENATOR GUESS  explained the drafter made  that exception because                                                               
a  person under  the current  law  does not  impede the  judicial                                                               
branch  and so  that is  to be  consistent with  the rest  of the                                                               
section.                                                                                                                        
                                                                                                                                
10:39:18 AM                                                                                                                   
SENATOR GUESS  advised the  committee she  would submit  the memo                                                               
from Legislative Legal that discusses the exception.                                                                            
                                                                                                                                
Article  5  applies  to  businesses and  how  records  should  be                                                               
disposed  of. Page  18  lines 21-23  specifies  that federal  law                                                               
trumps regulated disposal methods.  Throughout the bill, the term                                                               
"consumer  report"   has  been  replaced  with   "credit  report"                                                               
although the definition has not been changed.                                                                                   
                                                                                                                                
10:41:34 AM                                                                                                                   
Article 6 applies to identity theft.  It would allow for a person                                                               
whose identity has  been stolen to file a  police report wherever                                                               
they are  and not  necessarily where the  crime has  taken place.                                                               
Article 7 relates to credit  header information and addresses the                                                               
selling  and trading  of the  social security  number. Article  8                                                               
applies  to  truncation  of  the  credit  card  to  help  protect                                                               
consumers  and Article  9 is  the  general provisions  definition                                                               
section.                                                                                                                        
                                                                                                                                
CHAIR  SEEKINS asked  Senator Guess  whether the  state would  be                                                               
held to the same standard as businesses.                                                                                        
                                                                                                                                
SENATOR GUESS said yes but that the committee should discuss the                                                                
section related to the disclosure of records.                                                                                   
                                                                                                                                
CHAIR SEEKINS removed his objection. Hearing no further                                                                         
objections, the committee adopted CSSB 222(JUD) version I. He                                                                   
held the bill in committee.                                                                                                     

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