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2001 Pending Financial Privacy Legislation
April 18, 2002
Alaska
H.B. 106
http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0106A&session=22
Relates to the authorizations for certain state financial institutions of certain powers and limitations; relates to confidential records of depositors and customers of certain financial institutions; relates to the examination of certain institutions subject to AS 06; relates to the Alaska Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska Credit Union Act.
S.B. 66
http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0066A&session=22
Relates to the authorizations for state financial institutions; relates to confidential financial records of depositors and customers of certain financial institutions; relates to the Alaska Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska Credit Union Act.
Arizona
H.B. 2135
http://www.azleg.state.az.us/legtext/45leg/1r/bills/hb2135p.htm
Relates to consumer privacy.
H.B. 2352
http://www.azleg.state.az.us/legtext/45leg/1r/bills/hb2352p.htm
Provides for nondisclosure of specified credit card marketing information.
Arkansas
H.B. 1377
http://www.arkleg.state.ar.us/ftproot/bills/2001/htm/HB1377.pdf
Enables the insurance commissioner to adopt regulations pertaining to the privacy of consumer financial and health information.
California
A.B. 21
http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_21_bill_20010607_amended_asm.html
Enacts the Financial Privacy Act requiring a financial institution, as defined, to make certain disclosures to a consumer before collecting or disclosing any nonpublic personal information, including the disclosure of 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.
A.B. 203
http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_203_bill_20010509_amended_asm.html
Reenacts the Consumers' Financial Privacy Act prohibiting 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. Provides a specified exception to these requirements for any person or entity licensed as an insurance agent, life agent, or life and disability insurance analyst, as specified, and any person or entity licensed to sell securities.
S.B. 764
http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_764_bill_20010223_introduced.html
Enacts the Personal Identifying Information Protection Act of 2001, with unspecified provisions.
S.B. 773
http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_773_bill_20010913_amended_asm.html
Enacts the Financial Information Privacy Act of 2002, which would require a financial institution, as defined, to provide specified notice to, and to obtain the consent of, a customer before disclosing to or sharing confidential consumer information, as defined, with any nonaffiliated third party, subject to certain exceptions.
Connecticut
H.B. 5728
http://www.cga.state.ct.us/2001/tob/h/2001HB-05728-R00-HB.htm
Safeguards certain private information from disclosure on canceled checks.
H.B. 6619
http://www.cga.state.ct.us/2001/fc/2001HB-06619-R000790-FC.htm
Expands the situations in which a retailer must get a consumer's consent to disclose information about the consumer. Requires all retailers, regardless of whether they issued a discount card or device, to get consent no matter how in the course of business they obtained the information. Requires retailers to obtain consent before they can trade the information.
Florida
H.B. 1174
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb1147.html&Directory=session/2001/House/bills/billtext/html/
S.B. 1734
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb1734e2.html&Directory=session/2001/Senate/bills/billtext/html/
Provides exemption from public records requirements for personal identifying information contained in financial records, patient records, and other medical records, as well as bank account numbers, debit, charge, and credit card numbers, held by the Department of Insurance.
Georgia
H.B. 455
http://www.legis.state.ga.us/Legis/2001_02/fulltext/hb455.htm
Relates to insurance, so as to provide comprehensive regulation of the dissemination of financial information; provides a short title; provides a statement of the purpose of the provisions; provides definitions; provides for privacy notices and opt-out notices; provides for limits on disclosure of information; provides for exceptions; provides for rules and regulations; provides for related matters; provides an effective date; repeals conflicting laws.
Hawaii
H.B. 1466 Carried over to 2002 session
http://www.capitol.hawaii.gov/sessioncurrent/bills/hb1466_.htm
Establishes the Hawaii Information Privacy Act.
H.B. 1559 Carried over to 2002 session
http://www.capitol.hawaii.gov/sessioncurrent/bills/hb1559_.htm
Regulates the insurance licensee use of nonpublic personal financial information of individuals.
Idaho
H.B. 116
http://www3.state.id.us/oasis/H0116.html
Adds to existing law to require notification upon request regarding the release of nonpublic personal health or financial information; to provide a sharing of compensation; provides definitions; and provides application.
S.B. 1124
http://www3.state.id.us/oasis/S1124.html
Adds to existing law to prohibit the disclosure of nonpublic personal information to nonaffiliated third parties; and to provide that the director of the Department of Insurance may adopt rules consistent with the Gramm-Leach-Bliley Act of 1999.
Illinois
S.B. 119
http://www.legis.state.il.us/legisnet/legisnet92/sbgroups/sb/920SB0119LV.html
Amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Illinois Credit Union Act. Authorizes financial institutions subject to those Acts to share customer financial information with private label credit parties pursuant to a private label credit program. Provides that a private label credit party may be a merchant, a manufacturer, a retailer, a trade group or an affiliate, subsidiary, member, agent, or service provider of any of them.
Indiana
H.B. 1695
http://www.state.in.us/legislative/bills/2001/IN/IN1695.1.html
Defines "licensee" as a person who must be licensed, authorized, certified, or registered under the Indiana insurance law. Specifies the requirements for the initial and annual privacy notices that must be provided by a licensee to consumers and customers of the licensee regarding disclosure of the consumers' or customers' financial information. Specifies: (1) information that must be provided in a privacy notice and an opt out notice; (2) requirements for revisions to the privacy notice; (3) requirements for delivery of privacy notice and notice of the right to opt out; (4) nondiscrimination provisions; (5) limitations on disclosure and redisclosure of financial information; (6) limitations on disclosure of information for marketing purposes; and (7) exceptions to the notice and opt out requirements. Provides for privacy notice and disclosure requirements for disclosure of personal health information. Provides for violations of the notice and disclosure requirements.
Iowa
H.F. 285
http://www.legis.state.ia.us/cgi-bin/Legislation/Bill.pl
Provides that financial institutions, which under the federal definition include insurance companies, shall be required to obtain signed and dated written annual consent from consumers before they are allowed to share a customer's personally identifiable information with nonaffiliated third parties. Specifically provides a more protective "opt-in" standard for consumers relative to personal information, as compared to the "opt-out" standard enacted as part of the federal Gramm-Leach-Bliley Act (also known as the Financial Services Modernization Act of 1999, and Pub. L. No. 106-102).
Louisiana
H.B. 1099
http://www.legis.state.la.us/leg_docs/01RS/CVT3/OUT/0000IBAL.PDF
Provides for the privacy of nonpublic personal financial information in accordance with the federal Gramm-Leach-Bliley Act (GLBA).
H.B. 1100
http://www.legis.state.la.us/leg_docs/01RS/CVT5/OUT/0000IRB9.PDF
Provides for the privacy of nonpublic personal financial information in accordance with the federal Gramm-Leach-Bliley Act (GLBA).
Massachusetts
H.B. 32
http://www.state.ma.us/legis/bills/house/h00032.htm
Extends privacy protections to insurance consumers.
H.B. 229
http://www.state.ma.us/legis/bills/house/h00229.htm
Relates to the privacy rights of consumers of certain financial institutions.
H.B. 2356
http://www.state.ma.us/legis/bills/house/ht02356.htm
Regulates the use of non-public personal information by insurance companies.
H.B. 3036
http://www.state.ma.us/legis/bills/house/ht03036.htm
Relates to the privacy rights of certain customers of financial institutions.
Minnesota
H.F. 579
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls82&version=latest&number=H579
S.F. 567
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF0567&session=ls82&version=latest&session_number=0&session_year=2001
Provides consumers a right to privacy, confidentiality, and secrecy of their financial records; requires consumer authorization for exchange or disclosure of their financial records; and provides remedies.
H.F. 1983
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls82&version=latest&number=H1983
S.F. 1543
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF1543&session=ls82&version=latest&session_number=0&session_year=2001
Enacts the Financial Information Privacy Model Act from the National Conference of Insurance Legislators.
H.F. 2170
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=HF2170&session=ls82&version=latest&session_number=0&session_year=2001
S.F. 2042
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF2042&session=ls82&version=latest&session_number=0&session_year=2001
Regulates disclosures of nonpublic personal information.
Mississippi
H.B. 657 Died in committee
http://billstatus.ls.state.ms.us/documents/2001/html/HB/0600-0699/HB0657PS.htm
Creates a new code section to be codified as ยง 83-1-45, Mississippi Code of 1972, authorizes the commissioner of insurance to adopt rules and regulations necessary to implement the provisions of the Gramm-Leach-Bliley Act of 1999 governing the disclosure by insurance licensees of nonpublic personal information.
Missouri
S.B. 306
http://www.senate.state.mo.us/01info/billtext/intro/SB306.htm
Requires state agencies to adopt rules and regulations to carry out the provisions of the Gramm-Leach- Bliley Financial Modernization Act of 1999. That federal act requires insurance licensees to provide notice to customers and consumers about their privacy policies with respect to how they handle financial and health information. The federal act describes the conditions under which a licensee may disclose nonpublic personal information about consumers and customers to nonaffiliated third parties. The rules promulgated by the state agencies shall not be more restrictive than the standards set forth in the federal act.
S.B. 329 Withdrawn from consideration
http://www.senate.state.mo.us/01info/billtext/intro/SB329.htm
Prohibits any person from disclosing "nonpublic private information" to a third party. Grants rulemaking authority to the state agencies regulating financial institutions to carry out this provision. Any rule created cannot be more restrictive than those in Title V of the Gramm-Leach-Bliley Act of 1999.
Nebraska
L.B. 359
http://www.unicam.state.ne.us/PDF/INTRO_LB359.pdf
Adopts the Privacy of Insurance Consumer Information Act to govern treatment of nonpublic personal financial information and nonpublic personal health information by licensees of the Department of Insurance. Requires a licensee to provide clear and conspicuous notices reflecting its privacy policies, except that an initial notice is not required for a consumer if the licensee does not disclose nonpublic personal financial information to a nonaffiliated third party. Requires a licensee to provide an annual notice to customers reflecting privacy policies and practices. Establishes standards for all notices. Grants consumers the right to opt out at any time of disclosure of nonpublic personal financial information to nonaffiliated third parties, and sets forth methods for the consumer to exercise that right.
New Hampshire
H.B. 1289
http://gencourt.state.nh.us/legislation/2001/HB1289.html
Requires an insurance licensee to obtain certain authorization before disclosing nonpublic personal health and financial information about consumers or customers. Grants the insurance commissioner rulemaking authority to administer the provisions of the bill.
New Jersey
A.B. 2256
http://www.njleg.state.nj.us/2000/Bills/a2500/2256_i1.htm
Prohibits a health insurer, in the event of its merger, acquisition, consolidation or other affiliation with a depository financial institution or a non-health insurer, from taking any action that would, or by a failure to act, permit, facilitate, effect or in any way contribute to or otherwise provide for, directly or indirectly, a disclosure of an insured individual's identifiable (i.e., unencrypted or otherwise unprotected) personal health care information in any manner to the depository institution or non-health insurer, without written authorization by the individual who is the subject of the health care information or someone designated by that individual.
A.B. 2285
http://www.njleg.state.nj.us/2000/Bills/a2500/2285_i1.htm
Prohibits financial institutions from disclosing a customer's personal information without that customer's consent to nonaffiliated third parties, and, even with the customer's consent, limits disclosure to the customer's current name, address and phone number. Makes exceptions for certain circumstances, however, 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. Provides for a penalty of up to $500 for each violation of the disclosure prohibitions.
A.B. 3698
http://www.njleg.state.nj.us/2000/Bills/a3500/3698_i1.htm
Establishes an Office of Privacy Protection in the Division of Consumer Affairs in the Department of Law and Public Safety.
A.B. 3734
http://www.njleg.state.nj.us/2000/Bills/a3500/3734_i1.htm
Enacts the New Jersey Financial Information Privacy Protection Act, is based on model legislation developed by the National Conference of Insurance Legislators (NCOIL) in response to recent federal legislation, the Financial Services Modernization Act, Pub. L.106-102, more commonly known as the Gramm-Leach-Bliley Act.
New Mexico
H.B. 750
http://legis.state.nm.us/Sessions/01%20Regular/bills/house/HB0750.html
Relates to information; enacts the consumer privacy act to protect personal and sensitive information provided by consumers in a commercial context; provides penalties and remedies for violations; provides exceptions.
New York
A.B. 16
http://assembly.state.ny.us/leg/?bn=A00016&sh=t
S.B. 4824
http://assembly.state.ny.us/leg/?bn=S04824&sh=t
Prohibits bankers from selling or otherwise making available a consumer's credit card, social security or bank account number to a third party except as specifically provided for herein; authorizes an action for injunctive relief and for damages for violations; permits recovery of attorneys' fees therein; provides for enforcement by the attorney general.
A.B. 18
http://assembly.state.ny.us/leg/?bn=A00018&sh=t
Makes provisions for privacy in banking, insurance, and other financial transactions, forbidding disclosure of personal information without prior consent granted by the customer to the financial institution; requires written notice of privacy policies and practices be given to customers; requires security and confidentiality safeguards; prohibits disclosure of account number or access code information; provides for enforcement by the attorney general and authorizes private actions.
A.B. 115
http://assembly.state.ny.us/leg/?bn=A00115&sh=t
Enacts the Electronic Fund Transfer Privacy Act; provides privacy protection for consumer engaging in electronic fund transfer transactions by limiting disclosure of personal information about any consumer involved in such and limiting the circumstances in which government authority may get such information; outlines procedures and limitations for obtaining such information and civil and criminal penalties for violations.
A.B. 288
http://assembly.state.ny.us/leg/?bn=A00288&sh=t
S.B. 1467
http://assembly.state.ny.us/leg/?bn=S01467&sh=t
Grants consumers the option to prohibit the rental, sale, exchange or other availability of personal information possessed by an issuer of a credit card, charge card or debit card; requires notice of such option be given to cardholders by credit card, charge card and debit card issuers in existing bill mailings and in credit card and debit card agreements and renewals thereof; limits any effect on credit card registration services.
A.B. 6150
http://assembly.state.ny.us/leg/?bn=A06150&sh=t
Enhances consumer protection in transactions involving the extension of credit, including credit reporting; imposes limits on the furnishing of consumer credit reports; allows consumers to reject unsolicited offers of credit; requires that consumers be notified of their right to dispute information in their reports; requires annual disclosures at no charge to the consumer; sets time limits for responses to consumer dispute notifications; imposes accuracy and procedural requirements on providers of information to such agencies; subjects providers to existing penalties for willful and negligent noncompliance; enhances the Fair Credit Reporting Act.
A.B. 7827
http://assembly.state.ny.us/leg/?bn=A07827&sh=t
S.B. 4569
http://assembly.state.ny.us/leg/?bn=S04569&sh=t
Provides that no person, firm, partnership, corporation or association may sell, rent, exchange or in any other way release personal identification information to other persons and/or affiliates for their commercial purposes without the express written permission of the data subject; imposes civil monetary penalties for violations of such offense and authorizes the attorney general to issue an injunction against such defendant.
A.B. 7930
http://assembly.state.ny.us/leg/?bn=A07930&sh=t
Relates to the 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. 889
http://assembly.state.ny.us/leg/?bn=S00889&sh=t
Provides that banking institutions in New York state may release customer information in the following manner: (a) to the actual customer or authorized agent, or (b) unless a customer affirmatively and in writing prohibits the release, to a subsidiary or affiliate of the banking institution, or, (c) to any other persons or entities if the customer information intended to be released consists only of customer identification, (e.g. name or address of customer) and/or is recorded in public records; defines the term "customer information" to mean account records and any other information constructed from those records relating to the customer's relationship with the institution.
S.B. 2988
http://assembly.state.ny.us/leg/?bn=S02988&sh=t
Enacts the consumer privacy act to protect the personal privacy of individuals and families who choose to retain such privacy without unreasonably restricting the ability of commercial entities to collect and use information necessary to conduct business or as is permitted by the subject of such information: defines terms; prohibits wrongful disclosure of protected personal information with certain exceptions; provides for civil liability for wrongful disclosure; authorizes the attorney general to bring enforcement action for injunction and penalties; limits time period in which such an action may be brought.
S.B. 4631
http://assembly.state.ny.us/leg/?bn=S04631&sh=t
Enacts the privacy of financial information act to limit and regulate the disclosure of the personal information of the customers of financial institutions; requires such institutions to disclose its policy of the disclosure of personal information to customers; directs the banking department and insurance department to enforce such provisions.
S.B. 5078
http://assembly.state.ny.us/leg/?bn=S05078&sh=t
Prohibits the disclosure of personal information on consumers by banking organizations to third parties without providing notice to the consumer.
North Carolina
H.B. 349
http://www.ncga.state.nc.us/html2001/bills/AllVersions/House/H349v1.html
Makes the North Carolina Insurance Information and Privacy Protection Act comply with the consumer information privacy requirements in the federal Gramm-Leach-Bliley Act, Public Law 106-102.
H.B. 1113
http://www.ncga.state.nc.us/html2001/bills/AllVersions/House/H1113v1.html
Limits disclosure of consumer financial information to third persons and to provide for education of the public on those limitations.
S.B. 317
http://www.ncga.state.nc.us/html2001/bills/AllVersions/Senate/S317v1.html
Authorizes the commissioner of insurance to share with the federal and state financial institution regulators information about insurance companies that are affiliates of depository institutions or of financial holding companies; amends the insurance holding company act and an insurance company investment statute to comply with federal law, in accordance with the federal Gramm-Leach-Bliley Act, Public Law 106-102.
North Dakota
H.B. 1447
http://www.state.nd.us/lr/
Provides for consumer privacy protection of information in financial institution records and provides a penalty.
S.B. 2156
http://www.state.nd.us/lr/
Provides for privacy of an individual's personal financial information and provides a penalty.
Oregon
H.B. 3189
http://www.leg.state.or.us/01reg/measures/hb3100.dir/hb3189.intro.html
Prohibits financial institution from disclosing customer information without customer's authorization.
Pennsylvania
H.B. 85
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB0085P0070.HTM
Provides for privacy protection for customer information.
H.B. 1556
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB1556P1902.HTM
Adds provisions relating to privacy protection for customer information of financial transactions; and imposes penalties.
Rhode Island
H.B. 6092
http://www.rilin.state.ri.us/Billtext/BillText01/HouseText01/H6092.htm
Establishes the Financial Information Privacy Protection Act.
S.B. 597
http://www.rilin.state.ri.us/Billtext/BillText01/SenateText01/S0597.htm
Establishes the Financial Information Privacy Protection Act.
Vermont
H.B. 228
http://www.leg.state.vt.us/docs/2002/bills/house/H-228.HTM
Relates to the disclosure of nonpublic information by financial institutions.
Virginia
S.B. 602 Carried over from 2000 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
S.B. 5503
http://www.leg.wa.gov/wsladm/billinfo/dspBillSummary.cfm?billnumber=5503
Protects privacy of personal financial information.
West Virginia
H.C.R. 38
Requests the joint committee on government and finance examine and study the implications of the Gramm-Leach-Bliley Act of 1999, known as the Financial Services Modernization Act of 1999.
Wisconsin
A.B. 88
http://www.legis.state.wi.us/2001/data/AB-88.pdf
Prohibits a business that requests and receives personally identifiable information from a customer so that the customer may participate in a program offered by the business to provide discounts or other benefits, from releasing the information to a third party if the information will be used for marketing or advertising purposes by anyone other than the business that received information. Personally identifiable information includes items such as the customer's name and address.
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