Legislature(2005 - 2006)BUTROVICH 205
02/22/2006 08:30 AM JUDICIARY
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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.