2002 Pending Financial Privacy Legislation
December 31, 2002
Status is noted in italics when available.
Arizona
H.B. 2397
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/45leg/2r/bills/hb2397p%2Ehtm&DocType=B
Provides that any person who for any purpose uses personal information contained in records that were disposed of by a business is liable to the individual whose personal information is contained in the records and to the business that disposed of the records for an amount of damages resulting from the use of personal information.
S.B. 1284
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/45leg/2r/bills/sb1284p%2Ehtm&DocType=B
Prohibits a person or business entity from selling any information about a customer unless the customer gives prior written consent. Prohibits this state or a political subdivision of this state from selling information about a person or business entity unless the person or business entity gives prior written consent.
California
A.B. 203
Died pursuant to Art. IV, Sec. 10(c) of the California Constitution
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.
A.B. 1775
http://www.leginfo.ca.gov/pub/bill/asm/ab_1751-1800/ab_1775_bill_20020422_amended_asm.html
Enacts the Financial Privacy Protection Act of 2002, which would prohibit a financial institution from disclosing sensitive information, as defined, for marketing products or services from an affiliated company of the financial institution or a nonaffiliated third party unless authorization is obtained from a customer and certain other requirements are satisfied. Requires the provisions of the act to be administered and enforced by the Department of Financial Institutions, the Department of Corporations, the Department of Insurance, and the Department of Consumer Affairs. Authorizes the assessment of civil penalties by the departments and the attorney general against any financial institution that negligently, or knowingly and willfully obtains, discloses, or uses nonpublic personal information in violation of the act in the amount of $2,500 per customer, not to exceed $250,000 per occurrence for negligent acts and $500,000 per occurrence for knowing and willful acts. Expresses the intent of the Legislature that the act provide greater consumer protections in the disclosure of nonpublic personal information than currently exist under the federal Gramm-Leach-Bliley Act. Expresses the intent of the Legislature to require financial institutions to give customers clear, unambiguous notice of their financial privacy rights and more meaningful choices about how that information is disclosed, and that the consumers shall have the right not to be marketed to. Makes a statement of legislative findings and declarations.
A.B. 2278
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2251-2300/ab_2278_bill_20020408_amended_asm.html
Prohibits a state agency from releasing specified personal information in any public document, or in any other document, to any person or entity, except the individual for whom the information pertains and to other public agencies.
A.B. 2297
Vetoed by governor 9/30/02
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2251-2300/ab_2297_bill_20020830_enrolled.html
Requires an operator, defined as a person or entity that collects personal and identifying information from California residents through the Internet or online service for commercial purposes, to conspicuously post a privacy policy on its Web site and to comply with that policy. Requires that the privacy policy identify the categories of information that the operator collects about individuals and with whom the operator may share the information. Provides that individuals or entities with fewer than 25 employees and who do less than 10 percent of their business with individuals located in California are exempt from the bill. Declares that its provisions preempt and supersede laws of specified local government entities regarding the posting of a privacy policy on an Internet Web site.
A.B. 2347
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2301-2350/ab_2347_bill_20020830_amended_sen.html
Enacts the California Financial Information Privacy Act, which would require a financial institution, as defined, to provide a specified written form to a consumer relative to the sharing of the consumer's confidential consumer information, as defined. Allows a consumer to direct the financial institution to not share the confidential consumer information with affiliated companies or with nonaffiliated financial companies with which the financial institution has contracted to provide financial products and services. Requires the permission of the consumer before the financial institution could share the confidential consumer information with other nonaffiliated companies. Provides that a financial institution is not required to provide this written form to its consumers if the financial institution does not disclose any confidential consumer information to any nonaffiliated third party or to any affiliate. Provides that a financial institution shall not deny a consumer a financial product or service because the consumer has not provided the necessary consent that would authorize the financial institution to disclose or share confidential consumer information. Requires a financial institution to comply with the consumer's request regarding confidential consumer information within 45 days of receipt of the request. Provides that the bill would not apply to disclosures between certain types of member-owned financial institutions and their affiliates provided that certain requirements are met. Provides that a financial institution may disclose confidential consumer information to an affiliate or a nonaffiliated third party in order for it to perform certain services on behalf of the financial institution if specified requirements are met. Provides other exceptions from its provisions applicable to particular situations. Provides that confidential consumer information may be released in order to identify or locate missing children, witnesses, criminals and fugitives, parties to lawsuits, and missing heirs and that it would not change existing law regarding access by law enforcement agencies to information held by financial institutions. Provides for disclosure of confidential consumer information under various other specified circumstances. Provides on January 1, 2003, that enactment of these provisions preempts all local agency ordinances and regulations relating to this subject. Provides various civil penalties for negligent, or knowing and willful violations of these provisions.
A.B. 2530
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2501-2550/ab_2530_bill_20020221_introduced.html
Allows tax returns or return information filed under these laws to be disclosed in a judicial or administrative proceeding involving any allegation of loss of earnings or earning capacity by the taxpayer.
A.B. 2922
Vetoed by governor 9/30/02
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2901-2950/ab_2922_bill_20020829_enrolled.html
Requires each state agency, no later than January 1, 2004, to provide to the Office of Privacy Protection in the Department of Consumer Affairs a description of the general categories or classes of records containing personal information contained in its system of records, as prescribed. Requires the Office, no later than July 1, 2003, to develop the process and format for the reporting by state agencies of categories of records containing personal information to the office to be included in the State Personal Information Inventory, which the office would be required to create. Requires that each state agency provide annual updates no later than January 1 to the office specifying any changes in the information contained in its records, and would require the office to make the inventory available to the public no later than March 1, 2004.
S.B. 773
http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0751-0800/sb_773_bill_20020831_amended_asm.html
Enacts the California Financial Information Privacy Act, which would require a financial institution, as defined, to provide specified notice to, and to obtain the consent of, a consumer before disclosing to or sharing confidential consumer information, as defined, with any nonaffiliated third party, subject to certain exceptions. Requires a financial institution to provide its consumers with a written form that allows the consumer the opportunity to request, among other things, that the financial institution refrain from sharing the confidential consumer information of the consumer with an affiliate of the financial institution or outside companies. Provides that a financial institution is not required to provide this written form to its customers if the financial institution does not disclose any confidential consumer information to any nonaffiliated third party or to any affiliate. Provides that a financial institution shall not deny a consumer a financial product or service because the consumer has not provided the necessary consent that would authorize the financial institution to disclose or share confidential consumer information with any nonaffiliated third party. Requires a financial institution to comply with the consumer's request regarding confidential consumer information within 45 days of receipt of the request. Provides that the bill would not apply to disclosures between certain types of member-owned financial institutions and their affiliates provided that certain requirements are met. Provides that a financial institution may disclose confidential consumer information to an affiliate or a nonaffiliated third party in order for it to perform certain services on behalf of the financial institution if specified requirements are met. Provides that confidential consumer information may be released in order to identify or locate missing children, witnesses, criminals and fugitives, parties to lawsuits, and missing heirs and that it would not change existing law regarding access by law enforcement agencies to information held by financial institutions. Provides for disclosure of confidential consumer information under various other specified circumstances. Provides that enactment of these provisions preempts all local ordinances relating to this subject.
Colorado
H.B. 1188
http://www.leg.state.co.us/2002a/inetcbill.nsf/fsbillcont/9D16CBA1BBA4BA0C87256AB0004DA223?Open&file=1188_01.pdf
Requires a consumer reporting agency or home mortgage lender to disclose to a consumer the consumer's overall credit score, together with the method by which the credit score was derived from the other information in the consumer's file, upon request and free of charge. Defines "credit score." Prohibits the release of consumer credit information, including a credit score, without the consumer's written permission. Prohibits the release by a credit reporting agency, or the use by an insurer, of credit scoring information to determine a consumer's eligibility for insurance or the premium to be charged, except in connection with the person's business, profession, or occupation. Requires timely updating of the consumer's credit file to reflect favorable information such as an increase in the consumer's credit limit.
Connecticut
S.B. 186
http://www.cga.state.ct.us/2002/fc/2002SB-00186-R000197-FC.htm
Requires any retailer doing business in Connecticut to inform the consumer before selling, leasing, relinquishing or exchanging consumer information if such information was obtained through the use of a discount card or any device issued by the retailer. Gives the consumer an opportunity to prevent such dissemination by allowing at least 60 days from the day the consumer receives the "opt-out" notice from the retailer. Permits the disclosure of consumer information to (1) banks, security brokerage firms, and insurance companies affiliated with federally authorized holding companies, as required by the 1999 federal Gramm-Leach-Bliley Financial Modernization Act, if the information may be disclosed under it (15 USC 6809(3)(A)) or (2) any entity that uses the information only to administer a program on the retailer's behalf.
Florida
H.B. 445
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0445c1.html&Directory=session/2002/House/bills/billtext/html/
Provides an exemption from public records requirements for specified personal identifying information relating to a utility customer held by a utility owned or operated by an agency; provides for retroactive application of the exemption; provides for future review and repeal; provides a statement of public necessity.
S.B. 378
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0378c1.html&Directory=session/2002/Senate/bills/billtext/html/
Provides an exemption from public records requirements for specified personal identifying information relating to a utility customer held by a utility owned or operated by an agency; provides for retroactive application of the exemption; provides for future review and repeal; provides a statement of public necessity.
S.B. 668
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0668c2.html&Directory=session/2002/Senate/bills/billtext/html/
Creates the Study Committee on Public Records to examine existing policies, practices, and laws relating to public records in light of technological advances and privacy and security concerns relating to personal and sensitive information concerning individuals; imposes a legislative moratorium on Internet publication and accessibility to public records until the Legislature authorizes public access via the Internet; provides exceptions.
S.B. 1480
Laid on table 3/21/02
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb1480c1.html&Directory=session/2002/Senate/bills/billtext/html/
Creates public records exemption for bank account numbers, debit, charge, and credit card numbers and personal financial and health information held by the Department of Insurance; provides for exceptions to exemption; provides for retroactive application.
S.B. 1468
Died in committee 3/22/02
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb1468.html&Directory=session/2002/Senate/bills/billtext/html/
Provides that certain personal identifying information, including Social Security numbers, about public school teachers is exempt from public-records requirements; provides a statement of public necessity.
Georgia
H.B. 455
Passed House 3/1/02
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.
Illinois
H.B. 4165
http://www.legis.state.il.us/legislation/legisnet92/hbgroups/hb/920HB4165LV.html
Creates the Children's Privacy Protection and Parental Empowerment Act. Prohibits: the sale or purchase of personal information concerning children without parental consent; the processing of personal information concerning children by prisoners or convicted sex offenders; and the distribution or exchange of children's personal information that one has reason to believe will be used to harm or abuse a child. Provides that persons who broker, solicit, or facilitate the sale of personal information concerning children are required to disclose to parents, upon request, the source and content of personal information on file with regard to their children, and to disclose to parents, upon request, the names of persons or entities that have received or solicited personal information with regard to their children. Violation of this Act is a Class A misdemeanor.
S.B. 1104
http://www.legis.state.il.us/legisnet/legisnet92/sbgroups/sb/920SB1104LV.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 authorize financial institutions subject to those Acts to disclose customer financial information to federal authorities when the matter requested involves foreign intelligence or counter intelligence under the National Security Act of 1947 or the USA PATRIOT ACT of 2001.
Maine
L.D. 1869
http://www.mainelegislature.org/legis/bills_120th/billtexts/LD186901-1.asp
Changes the criteria for the issuance of protective orders in Public Utilities Commission proceedings. Repeals some of the changes that were made in 1998 that made confidential information available to more people and closes loopholes in the law that allowed such information to be available to parties with multiple interests. Allows the Public Utilities Commission to determine the financial interests of the parties seeking access to confidential information in order to protect consumers and competitors from the inappropriate release or use of that information.
Maryland
H.B. 798
http://mlis.state.md.us/2002rs/billfile/HB0798.htm
Prohibits a person from posting or causing to be posted personal identifying information about an individual on the Internet with the intent to harass the individual or cause the individual to be harassed; provides that an owner or operator of an Internet Web hosting service shall not be liable under specified circumstances; requires an owner or operator to remove information within three days if a specified request is made; provides that the Act does not apply in specified circumstances; establishes a penalty.
Massachusetts
H.B. 229
Relates to the privacy rights of consumers of certain financial institutions.
H.B. 3036
Relates to the privacy rights of certain customers of financial institutions.
H.B. 5045
Relates to authorizing the Committee on Banks and Banking to make an investigation and study of certain House documents concerning the privacy rights of consumers of certain financial institutions.
Michigan
S.B. 1329
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1329.htm
Revises the procedures for insurance and insurers to disclose certain nonpublic financial information.
S.B. 1331
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1331.htm
Revises the procedures for financial institutions and banks to disclose nonpublic financial information to unaffiliated third parties.
S.B. 1332
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1332.htm
Revises the procedures for financial institutions and savings and loan associations to disclose nonpublic financial information to unaffiliated third parties.
S.B. 1333
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1333.htm
Revises the procedures for financial institutions and credit unions to disclose nonpublic financial information to unaffiliated third parties.
S.B. 1334
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1334.htm
Revises the procedures for financial institutions and savings banks to disclose nonpublic financial information to unaffiliated third parties.
S.B. 1340
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1340.htm
Provides for disclosure of nonpublic financial information by health care providers.
S.B. 1341
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1341.htm
Requires notice to, and consent of a person before disclosure or sharing of nonpublic personal financial information for consumer goods and services.
S.B. 1342
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1342.htm
Requires certain consumer reporting agencies to obtain a consumer's written consent before disclosing nonpublic personal financial information to third parties; and provides remedies.
Minnesota
H.F. 3561
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls82&version=latest&number=HF3561&session_number=0&session_year=
S.F. 3272
Passed Senate 3/20/02
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF3272&session=ls82&version=latest&session_number=0&session_year=2002
Enacts the Telecommunications Consumer Privacy Act; provides for privacy of telecommunications customer information, as defined; and requires consent for disclosure of customer information.
Mississippi
H.B. 1529
Died in committee 2/5/02
http://billstatus.ls.state.ms.us/documents/2002/html/HB/1500-1599/HB1529IN.htm
Provides that personal information about an individual in the possession of any state officer, agency, department or institution is confidential and shall not be sold, provided or otherwise disclosed to any third party, except as authorized by this Act; provides that personal information about an individual contained in any document or record in the possession of an agency is exempt from the public records act; specifies the cases in which personal information about an individual in the possession of an agency may be sold, provided or otherwise disclosed to third parties.
Missouri
H.B. 2101
http://www.house.state.mo.us/bills02/biltxt02/intro02/HB2101I.htm
Prohibits any entity that obtains information relating to motor vehicle registration or other personal information from the Department of Revenue from using the information for the purposes of bulk distribution for surveys, marketing, or solicitations.
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.
S.B. 302
http://gencourt.state.nh.us/legislation/2002/SB0302.html
Adds non-customers to the statute relating to disclosure of financial records involving defrauding financial institutions.
New Jersey
A.B. 1091
http://www.njleg.state.nj.us/2002/Bills/A1500/1091_I1.HTM
Enacts the New Jersey Financial Information Privacy Protection Act.
A.B. 2621
http://www.njleg.state.nj.us/2002/Bills/A3000/2621_I1.HTM
S.B. 1019
http://www.njleg.state.nj.us/2002/Bills/S1500/1019_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.
S.B. 1780
http://www.njleg.state.nj.us/2002/Bills/S2000/1780_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.
New York
A.B. 288
S.B. 1467
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. 1782
S.B. 2852
Restricts insurers from demanding intrusive personal, financial and tax information from insureds as a standard practice in processing ordinary theft claims where no special circumstances warranting a demand for such information exists.
A.B. 7930
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.
A.B. 10267
S.B. 6224
Enacts the Personal Privacy Protection Act; creates the Office of Identity Theft Prevention and Protection within the state Consumer Protection Board; requires information custodians to establish information privacy policies and mandates certain disclosure requirements; requires registration of information privacy policies with the Office of Identity Theft and Prevention and Protection; authorizes the imposition of certain civil liabilities upon violation of the Act.
S.B. 4631
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.
North Carolina
H.B. 1499
http://www.ncleg.net/html2001/bills/AllVersions/House/H1499v1.html
Enacts the Internet Privacy Policy Act, prohibits disclosure of Social Security numbers.
Pennsylvania
S.B. 1410
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/SB1410P1953.HTM
Includes false or misleading statements in a privacy policy, published on the Internet or otherwise distributed or published regarding the use of personal information submitted by members of the public as a deceptive or fraudulent business practice.
Rhode Island
H.B. 6092
http://www.rilin.state.ri.us/Billtext/BillText01/HouseText01/H6092.htm
Establishes the Financial Information Privacy Protection Act.
H.B. 7268
http://www.rilin.state.ri.us/Billtext/BillText02/HouseText02/H7268.pdf
Includes the use of financial information with intent to defraud another person or with intent to commit any violation of federal, state or local law as a felony under the impersonation and identity fraud act.
S.B. 597
http://www.rilin.state.ri.us/Billtext/BillText01/SenateText01/S0597.htm
Establishes the Financial Information Privacy Protection Act.
Tennessee
S.B. 1304
Substituted by H.B. 1210
http://www.legislature.state.tn.us/bills/currentga/BILL/SB1304.pdf
Limits disclosure of consumer records, as defined, by municipal utilities.
Utah
H.B. 141
http://www.le.state.ut.us/~2002/bills/hbillint/hb0141.htm
Modifies Commerce and Trade provisions to require a business conducting a transaction with a resident of the state to disclose if the business intends to sell to a third party nonpublic personal information that the business acquires about the resident. Allows the resident to elect not to have the information shared and provides a right of action for a violation of the requirements.
S.B. 199
http://www.le.state.ut.us/~2002/bills/sbillamd/sb0199s1.htm
Modifies provisions relating to divorce, requires that personal information be removed from divorce documents made available to the public.
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
H.B. 529
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+HB529
Adds a records exemption for those portions of records containing identifying information of a personal, medical or financial nature provided to a public body where the release of such information would jeopardize the safety of any person. This exemption is similar to the exemption currently available to law-enforcement agencies.
H.B. 812
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+HB812
Requires that all personal information of law-enforcement officers (including names, addresses, telephone numbers and Social Security numbers) be redacted from records of the circuit courts and tax information (including real property assessments) that are made public by means of display on the Internet.
H.B. 866
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+HB866
Adds to prohibited practices in the Consumer Protection Act the selling, exchanging or disclosing of personal information. "Personal information" includes name, address, phone number, and any other information identifying an individual.
Washington
H.B. 2718
http://www.leg.wa.gov/pub/billinfo/2001-02/House/2700-2724/2718_01242002.txt
S.B. 6660
http://www.leg.wa.gov/pub/billinfo/2001-02/Senate/6650-6674/6660-s_02082002.txt
Provides that information that is personal to a law enforcement officer or his or her family, or both, or information that could easily lead to the discovery of personal information about a law enforcement officer or his or her family, or both, and that is necessary for the effective operation of a law enforcement agency is also exempt from public inspection and copying. This information includes, but is not limited to, residential addresses, residential telephone numbers, financial information other than the public salary paid to the officer, property and tax records, or contents of the public employment record.
West Virginia
H.B. 4210
Authorizes the insurance commission to promulgate a legislative rule relating to the privacy of consumer financial and health information.
S.B. 361
Authorizes the insurance commission to promulgate a legislative rule relating to the privacy of consumer financial and health information.
S.B. 460
Relates to privacy of consumer's financial and health information.
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