Legislature(2005 - 2006)
04/21/2005 01:34 PM Senate L&C
| Audio | Topic |
|---|---|
| Start | |
| SB149 | |
| SB175 | |
| SB138 | |
| SB165 | |
| HB35 | |
| SJR15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 149-PROTECTION OF PERSONAL INFORMATION
CHAIR CON BUNDE announced SSSB 149 to be up for consideration.
He recapped that he had asked Senator Ellis and Senator Guess to
develop a single bill on identity theft, which is now SB 149.
SENATOR GUESS, sponsor, explained that the first two sections of
SB 148 were similar to the first two sections of SB 149 and
therefore she is still referring to SB 149, version \Y. She
informed the committee that there had been three more public
security breaches since the last hearing.
1:36:27 PM
SENATOR GUESS said there were three concerns at the last
meeting. One was federal legislation that Diane Feinstein
introduced that has had one hearing, hasn't moved and doesn't
have any co-sponsors. It insures what is in Article 1 of SB 149,
which says if you have a security breach, you have to tell
people about it. She did not believe the Alaska legislature
would be treading on something the federal government is
addressing right now.
Second - the Choice Point letter - She talked to Linda Hall,
Division of Insurance, and it is not her opinion that anything
in this bill would lead to increased insurance premiums, which
is in disagreement with the letter.
Third, Senator Seekins was concerned about consumers needing to
have access to their credit reports within 24 hours to make a
purchase. This resulted in Amendment 1, labeled Y.2, which is
also supported by Progressive Insurance. The amendment allows
immediate unfreezing of a security report by E-mail or phone. If
it's by mail, three days are still required, because you never
know where a letter goes in the mail system of a big
corporation.
CHAIR BUNDE noted that the committee received an indeterminate
fiscal note from the Department of Community & Economic
Development (DCED) because it wouldn't know what would happen
without an actual breach of security of state records. He asked
Senator Guess if she referred earlier to security breaches in
the private sector.
SENATOR GUESS replied yes.
1:39:02 PM
CHAIR BUNDE asked if notifying one million people of a breach in
the state security system was a worst-case scenario.
SENATOR GUESS replied that is a worst-case scenario and for a
large population, you don't need to use an individual letter and
that would make the fiscal note almost zero. Notification is
easier than having to notify 1,000 people.
1:40:52 PM
CHAIR BUNDE moved Amendment 1, \Y.2, dated 4/18, and objected
for discussion purposes.
24-LS0809\Y.2
Bannister
11/10/05
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR GUESS
TO: SSSB 149
Page 5, line 1:
Delete "or (2)"
Page 5, lines 1 - 2:
Delete "within three business days after receiving a
request under (a)(3) of this section"
Insert "immediately after receiving a request under (a)(2)
or (3) of this section"
Page 5, lines 28 - 29:
Delete "within three business days after receiving the
request"
Insert "immediately after receiving the request by
telephone or electronic mail or within three business days after
receiving the request by certified mail"
Page 6, line 31, through page 7, line 1:
Delete "within three business days"
Insert "immediately"
Page 8, line 18 - 19:
Delete "not later than three business days after receiving
your request"
Insert "immediately after receiving your request if you
make the request by telephone or electronic mail, or within
three business days after receiving your request if you make
the request by certified mail"
SENATOR GUESS said the amendment addresses the immediacy concern
expressed by Senator Seekins.
CHAIR BUNDE removed his objections and Amendment 1 was adopted.
1:42:34 PM
BARBARA HUFF-TUCKNESS, Director, Governmental and Legislative
Affairs, Teamsters Local 959, supported SB 149 with the
additional amendments. Prior to 911, many of her members worked
for employers that conducted background checks and gathering of
personal information. Since 911 more and more information is
being gathered on behalf of employees and she is working with
the sponsor to make sure that information is duly protected
through things like the proper chain of custody and how
information is disposed of. She pointed out that this is a major
new industry with a lot of companies getting into the business.
CHAIR BUNDE asked the director of the Division of Occupational
Licensing if his information could be breached to the point that
it would be a security risk for the individuals and how would
that impact the division.
RICK URION, Director, Division of Occupational Licensing,
Department of Community & Economic Development (DCED), responded
that he is not an expert in that field, but he said a lawsuit
was filed yesterday about information that was obtained on-line
from the division's system.
1:46:07 PM
SENATOR RALPH SEEKINS joined the committee.
1:46:18 PM
SENATOR BEN STEVENS moved CSSSSB 149(L&C) from committee with
individual recommendations and attached fiscal notes. Senators
Davis, Seekins, Ben Stevens, Ellis and Chair Bunde voted yea;
and CSSSSB 149(L&C) moved from committee.
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