2000 Pending Financial Privacy Legislation
Last Updated: October 3, 2001
Alabama
S.B. 282
Prohibits financial institutions, insurance companies, business entities, and others from releasing sensitive financial information concerning a consumer to anyone without written authorization from the consumer and provide penalties for violations. Provides exemptions to the restrictions for disclosure.
Arizona
H.B. 2138
Prohibits a financial institution from selling, transferring, providing or otherwise making available to any other entity or any department or division within the financial institution any credit information or other information that relates to any depositor or customer unless the depositor or customer provides the financial institution with written permission to share that depositor's or customer's information with a specific entity, department or division. For the purposes of this section "financial institution" means any bank that in addition to engaging in banking business also provides insurance products to customers through a department or division within that bank.
H.B. 2247
Prohibits a bank from selling, transferring, providing or otherwise making available to any other entity any credit information or other information that relates to any depositor or customer unless the depositor or customer provides the bank with written permission to share that depositor's or customer's information with a specific entity.
H.B. 2717
Enacts a consumer privacy act.
California
A.B. 1707
Enacts the Consumers' Financial Privacy Act. Prohibits a financial institution, as specified, without a consumer's prior written consent, from disclosing or making an unrelated use of the personal information collected by the financial institution in connection with any transaction with the consumer involving any financial product or any financial service or otherwise obtained by the financial institution. Requires various disclosures by financial institutions to consumers. Provides for specified civil remedies and the imposition of a civil penalty by a court or the imposition of an administrative fine by a regulatory agency.
S.B. 1337
Enacts the Financial Information Privacy Act of 2000, which would require a financial institution to provide specified notice to, and to obtain the consent of, a customer before disclosing to or sharing confidential customer information, as defined, with any third party, subject to certain exceptions. Requires a financial institution, prior to using confidential customer information provided by certain third parties, to take reasonable steps to ensure that the party providing the information had previously followed similar notice and consent procedures. Provides various civil and criminal remedies and penalties for violations of these provisions.
S.B. 1372
Requires a financial institution, as defined, to make certain disclosures to a consumer before disclosing any nonpublic personal information either provided by the consumer to the financial institution in connection with any transaction with the consumer or service performed for the consumer, or otherwise obtained by the financial institution. The bill would permit a consumer to notify a financial institution, as specified, not to disclose or share his or her nonpublic personal information with an affiliate of the financial institution, or a nonaffiliated 3rd party. The bill would require the Department of Financial Institutions to adopt regulations to implement the provisions of this bill for all financial institutions.
S.B. 1409
Enacts the California Privacy Protection Act of 2000. Makes it a crime for a consumer credit reporting agency, financial institution, health care provider, or insurance company to disclose to a third party or parties personal information relating to an individual without that individual's prior consent. Sets forth various definitions and create a new cause of action for a violation.
Colorado
Connecticut
H.B. 5586
Protects consumers from nonconsensual disclosure of their personal financial information.
H.B. 5587
Protects consumers from unsolicited advertisements directed at them due to disclosure of financial information and to protect consumers from unsolicited electronic mail.
Delaware
Hawaii
H.B. 1877
http://www.capitol.hawaii.gov/session2000/bills/hb1877_hd2_.htm
Establishes the Hawaii information privacy act.
S.B. 2440
http://www.capitol.hawaii.gov/session2000/bills/sb2440_.htm
Establishes the Hawaii information privacy act.
Idaho
H.B. 596
Imposes certain obligations with respect to disclosure of personal financial information by financial service providers. Requires disclosure of financial service provider privacy policies. Provides for rulemaking and enforcement. Provides privacy protection for customer information of financial service providers. Provides administrative enforcement. Provides certain criminal penalties. Provides applicability to persons subject to the jurisdiction of the Department of Insurance.
Illinois
Iowa
Massachusetts
H.B. 4483
Relates to a consumer's right to privacy; relates to privacy of motor vehicle records, financial institution records and various other consumer record information; relates to the tracking of individuals by electronic means; relates to credit reports; relates to biometric scanning; relates to other various issues of consumer and personal privacy.
H.B. 4994
Relates to the privacy rights of consumers of certain financial institutions.
H.B. 5249
Relates to the privacy rights of certain financial institution consumers.
Michigan
H.C.R. 87
Memorializes the Congress of the United States to enact legislation to protect the privacy of medical and financial records.
Minnesota
H.F. 3224
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=HF3224&session=ls81&version=latest
S.F. 3000
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF3000&session=ls81&version=latest
Provides consumers' right to privacy, confidentiality, and secrecy of their financial records; requires consumer authorization for exchange or disclosure of their financial records; provides civil remedies and penalties.
S.F. 3483
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF3483&session=ls81&version=latest
Enacts the Consumer Privacy Protection Act; regulates the use of credit cards as identification; requires consent for the release of personal information on consumers to third parties; provides for notices regarding information practices; requires practices to prevent unauthorized disclosure of information; prohibits businesses from requiring unnecessary information; prohibits requests for information under false pretenses; regulates the release of personally identifiable information on consumers by interactive services providers.
Nebraska
L.B. 1442
Relates to banks and banking; prohibits disclosure of information as prescribed; provides a duty for the Revisor of Statutes
L.R. 404
Studies the impact of the enactment of the Gramm-Leach-Bliley Financial Services Modernization Act on the regulation of insurance.
L.R. 483
Studies the impact of the regulation of financial services by the state; includes such regulation as it relates to consumer privacy protection.
New Hampshire
New Jersey
New York
A.B. 9728
S.B. 6811
Prohibits financial institutions from disclosing confidential information of consumers to unaffiliated third parties unless consented to by consumers; provides for enforcement by the attorney general; provides a private right of action by injured consumer who may recover three times his or her actual damages or a specific amount, which ever is greater and also allows for recovery of reasonable attorney's fees.
A.B. 11002
Relates to regulating the use and dissemination of confidential customer information by financial institutions; prohibits the disclosure of financial information without the informed consent of the customer to whom the information relates.
S.B. 8091
Enacts the Privacy of Financial Act of 2000 to limit the disclosure of personal information by financial institutions.
Pennsylvania
H.B. 2202
http://www.legis.state.pa.us/WU01/LI/BI/BT/1999/0/HB2202P3390.HTM
Adds provisions relating to privacy protection for customer information of financial transactions and imposes penalties.
South Carolina
H.B. 4543
http://www.scstatehouse.net/bil99-00/4543.htm
Clarifies that financial information, or other information indicative of units of goods or services sold, provided in a return, report, or application filed with a county or municipality is confidential but does not prohibit the sharing of data between public officials and employees, and provides that a person is subject to criminal penalties if the person knowingly violates this section.
H.B. 4603
http://www.scstatehouse.net/bil99-00/4603.htm
Clarifies that financial information provided in a return, report, or application file with a county or municipality is confidential, and provides that a person is subject to criminal penalties if the person knowingly violates this section.
South Dakota
Tennessee
Utah
Vermont
H.B. 801
http://www.leg.state.vt.us/docs/2000/bills/intro/H-801.HTM
Proposes to protect the financial privacy of consumers by limiting disclosure of financial information.
Virginia
S.B. 602 Carried over to2001 session
http://leg1.state.va.us/cgi-bin/legp504.exe?011+ful+SB602
Limits the authority of a financial institution to disclose personal information about its customers. No financial institution shall disclose any personal information of any customer without written consent of the consumer, except when necessary to effect a transaction, to protect the institution's confidentiality, to provide information to rating agencies, and to comply with law. Every financial institution must disclose to the consumer its policies and practices regarding maintaining confidentiality, and disclosure, of personal information.
Washington
H.B. 2489
http://www.leg.wa.gov/pub/billinfo/1999-00/house/2475-2499/2489_01142000.txt
Relates to protecting the privacy of personal information held by financial institutions.
H.B. 2631
http://www.leg.wa.gov/pub/billinfo/1999-00/house/2625-2649/2631_01182000.txt
Relates to the privacy of personal information in commercial transactions involving financial institutions and others that maintain and transfer information.
S.B. 6513
http://www.leg.wa.gov/pub/billinfo/1999-00/senate/6500-6524/6513-s_e_02152000.txt
Relates to the privacy of personal information in commercial transactions involving financial institutions and others that maintain and transfer information.
H.B. 1250
http://www.leg.wa.gov/pub/billinfo/1999-00/house/1250-1274/1250_01201999.txt
Relates to protecting the privacy of financial information.H.B. 70
http://www.le.state.ut.us/~2000/bills/hbillint/HB0070S1.htm
Creates the Personal Information Privacy Task force; provides for membership; delineates responsibilities and procedures; provides a reporting date.H.B. 2303
http://www.legislature.state.tn.us/bills/101gahtm/101_BILL/HB2303.pdf
S.B. 2677
http://www.legislature.state.tn.us/bills/101gahtm/101_BILL/SB2677.pdf
Renames the Tennessee Identity Theft Deterrence Act as the Tennessee Identification and Personal Information Protection Act of 2000, and expands the Act so that it also would be illegal for any person to disclose to another any personal information or data concerning another person's financial documents, identification documents, or personal identification numbers. Disclosure of the above described information would be permitted in specified circumstances. Under this bill, when there is an unauthorized transfer of personal information, the actual damages, civil penalties, restitution for any ascertainable loss and jurisdictional issues would be settled according to present law. Under this bill, personal information or data would mean financial documents, identification documents, or personal identification numbers.H.B. 1173
http://legis.state.sd.us/sessions/2000/bills/HB1173P.htm
Restricts the sale of certain personal information maintained by banks and other financial institutions.H.B. 4469
http://www.scstatehouse.net/bil99-00/4469.htm
Enacts the Personal Information Privacy Act of 2000 so as to provide for the offense of identity fraud which is the knowing access to, release, disclosure, or use of personal information about an individual without obtaining the prior written authorization of the individual; provides penalties; and provides for a joint legislative study committee to study personal information privacy issues, to provide for its membership, and provides the study committee shall report to the general assembly by October 15, 2000.H.B. 2158
http://www.legis.state.pa.us/WU01/LI/BI/BT/1999/0/HB2158P2818.HTM
Provides for privacy protection for customer information of financial institutions and imposes penalties.A.B. 5543
Creates a temporary state Commission on Personal Privacy, in light of the rapid advancement of technology in recent years, and provides for its powers, functions and duties; provides that said Commission shall undertake a comprehensive study of the condition of personal privacy in the state and how best to protect it; directs the commission to report its findings and recommendations to the governor and the Legislature; appropriates funds.S.B. 333
http://www.njleg.state.nj.us/2000/Bills/S0500/333_I1.HTM
Protects the privacy of customers of financial institutions in the state. Mandates that financial institutions send each customer an annual notice that clearly and conveniently offers the customer the opportunity to prohibit disclosure of nonpublic personal information to nonaffiliated third parties, except in certain circumstances, such as where disclosure is required by state or federal law, or is necessary to assist the customer or protect the institution's legal interests.H.B. 1623
http://gencourt.state.nh.us/legislation/2000/HB1623.html
Limits the disclosure of information relating to a customer by financial institutions to certain specified activities and establishes penalties for willful or negligent disclosure of customer financial information.H.F. 2810
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=HF2810&session=ls81&version=latest
S.F. 3085
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF3085&session=ls81&version=latest
Protects the privacy of financial data; enhances federal requirements and provides state enforcement.H.B. 4115
http://michiganlegislature.org/documents/1999-2000/billintroduced/house/htm/1999-HIB-4115.htm
Creates a new act to prohibit the sale, exchange, transfer, or trade of an individual's confidential information under certain circumstances. Confidential information would include a person's name, address, Social Security number, telephone number, account number at a financial institution, credit record, or investment record.H.B. 4105
Provides for an investigation by a special commission relative to the protection of privacy in the collection, storage, use and release of personal information and other related matters.H.F. 2384
http://www.legis.state.ia.us/cgi-bin/Legislation/Bill.pl
Amends Code §714.16, concerning consumer frauds, to provide that it shall be an unlawful practice for a financial institution to disclose personal financial information obtained from a person unless the disclosure is required by law or necessary, or the person consents to the disclosure in writing. The enforcement procedures and applicable civil penalties relating to consumer frauds under Code §714.16 apply to a violation of this portion of the bill.H.B. 3494
http://www.legis.state.il.us/legisnet/legisnet91/hbgroups/hb/910HB3494LV.html
Amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Illinois Credit Union Act to provide that financial institutions are immune from civil or criminal liability with respect to the disclosure of financial information concerning elderly or disabled persons. Authorizes disclosure to the Department of Human Services Office of Inspector General.H.B. 595
Provides that it is unlawful for any person to release nonpublic personal health or financial information about an individual.H.B. 1232
http://www.capitol.hawaii.gov/session2000/bills/hb1232_.htm
Establishes the Hawaii Information Privacy Act, an omnibus privacy protection act to provide safeguards against the unwarranted private commercial collection and dissemination of personal information about individuals.S.B. 252
Requires financial institutions operating or doing business in the state to provide consumers with a clear and concise statement of their policies and procedures regarding the dissemination of the personal and financial information under its control and to post the same statement at any branch or presence it has in the state, whether physical or electronic. Prohibits the transfer of such information unless the institution receives a written "opt-in" agreement from its consumer. Allows access to such information in any case where it is sought pursuant to some other state or federal law or regulation, provided incidents of such access are recorded and such records retained by the institution. Requires institutions who grant access to such information to provide notice thereof within 60 days following such granting and, upon request, to provide the affected consumer with a record of all such incidents where access was granted.H.B. 5476
Requires financial institutions to disclose to customers the reasons for requesting the Social Security numbers of customers.H.B. 1110
http://www.leg.state.co.us/2000/inetcbill.nsf/fsbillcont/BFB9E0A71B7159FA8725683B004DE989?Open&file=1110_01.pdf
Enacts the Colorado Privacy Protection Act.
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