2004 Enacted Financial Privacy Legislation
February 25, 2005
| State: |
Bill Summary: |
| Arizona |
H.B. 2132
Signed by governor 4/19/04
Prohibits public power entities from releasing customer-specific information without specific prior written customer authorization unless the information is reasonably required for legitimate account collection or credit analysis activities, or aids in providing safe and reliable service to the customer. |
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H.B. 2233
Signed by governor 4/1/04, Chapter 31
Prohibits consumer-reporting agencies from providing or selling data or lists that include any personal or privileged information about an individual collected or received in connection with an insurance transaction. Exempts the insurer’s insurance producer, affiliates or holding companies that are acting on behalf of the insurer. Specifies that an insurer will not be restricted from obtaining a claims history report or a motor vehicle report. |
| California |
A.B. 1950
Chaptered by secretary of state 9/29/04, Chapter 877
Requires a business, other than specified entities, that owns or licenses personal information about a California resident to implement and maintain reasonable security procedures and practices to protect personal information from unauthorized access, destruction, use, modification, or disclosure. Requires a business that discloses personal information to a non-affiliated third party, to require by contract that those entities maintain reasonable security procedures, as specified. Provides that a business that is subject to other laws providing greater protection to personal information in regard to subjects regulated by the bill shall be deemed in compliance with the bill’s requirements, as specified. |
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A.B. 2861
Chaptered by secretary of state 9/30/04, Chapter 949
Makes an exception to the prohibition on employment that permits access to personal information to permit adults assigned to work furlough, to have access to driver’s licenses and credit cards only for the time needed to complete an immediate transaction. |
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A.B. 3094
Chaptered by secretary of state 9/14/04, Chapter 506
Adds an exemption to the provisions of the California Right to Financial Privacy Act to require a financial institution to provide a public retirement system, as specified, with specified information about accounts of a customer who received direct deposit transfers form the retirement system after the date of his or her death. |
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S.B. 58
Chaptered by secretary of state 9/14/04, Chapter 507
Requires the district attorney and the courts in each county to establish a mutually agreeable procedure, as specified, to protect confidential personal information, as defined, regarding any witness or victim contained in a police report, arrest report, or investigative report that is submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or an arrest warrant. |
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S.B. 1150
Chaptered by secretary of state 7/27/04, Chapter 197
Prohibits the inclusion of the trade name, logo, or tagline of a lender, as defined, in a written solicitation for financial services directed to a consumer, subject to specified exceptions. Prohibits the use of the name of a lender, or the use of a similar name, in a solicitation for financial services directed to a consumer. Prohibits the inclusion of certain loan information of a consumer in a solicitation for services or products, subject to specified exceptions. Authorizes injunctive relief for a violation of these provisions. Authorizes the prevailing party in an action to recover costs and reasonable attorney’s fees as determined by the court. |
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S.B. 1436
Chaptered by secretary of state 9/28/04, Chapter 843
Prohibits a person or entity other than the authorized user of a computer owned by a person in California from, with actual knowledge, conscious avoidance of actual knowledge, or willfully, causing computer software to be copied onto the computer and using the software to (1) take control of the computer, as specified, (2) modify certain settings relating to the computer's access to or use of the Internet, as specified, (3) collect, through intentionally deceptive means, personally identifiable information, as defined, (4) prevent, without authorization, an authorized user's reasonable efforts to block the installation of or disable software, as specified, (5) intentionally misrepresent that the software will be uninstalled or disabled by an authorized user's action, or (6) through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer. Prohibits a person or entity who is not an authorized user from inducing an authorized user to install a software component by intentionally misrepresenting that it is necessary for security or privacy or in order to open, view, or play a particular type of content. Prohibits a person or entity who is not an authorized user from deceptively causing the copying and execution on the computer of software components with the intent of causing an authorized user to use the components in a way that violates any of these prohibitions. |
| Colorado |
H.B. 1441
Signed by governor 6/17/04, Chapter 350
Prohibits a person from referencing a trade name or trademark of a lender, or a trade name or trademark that is confusingly similar to that of a lender, in a solicitation for services or products unless the solicitor provides specific information on the correspondence containing the solicitation. Prohibits a person from referencing loan information that is not publicly available in a solicitation for the purchase of services or products. Prohibits a person from referencing loan information that is publicly available in a solicitation for services or products unless the communication contains specific information regarding the loan and the solicitation. Exempts a lender or its affiliates from the prohibitions if the communication is with a current or past customer of the lender. Prohibits loan information from being referenced on an envelope, in the window of an envelope, or on a postcard without consent of the lender. Allows a lender or owner of a trade name or trademark to seek an injunction against a person who violates the provisions regarding the use of trade name, trademark, or loan information. Expands the definition of "security account" for the purposes of nonprobate transfers upon death. |
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S.B. 107
Signed by governor 4/1/04, Chapter 62
Requires specified personal financial information of participants and benefit recipients of the state deferred compensation plan and the public officials’ and employees’ defined contribution plan to be kept confidential. |
| Connecticut |
H.B. 5184
Signed by governor 5/21/04, Public Act 04-119
Concerns the nondisclosure of private tenant information in a sale of public housing to a private entity, including the tenant’s Social Security number and bank account number. |
| Hawaii |
H.B. 2674
Signed by governor 5/28/04, Act 92
Exempts disclosure of Social Security numbers from government payroll records that are public information; restricts retail merchant card issuers from requesting personal information except for credit purposes and from sharing cardholder information. |
| Louisiana |
S.B. 137
Signed by governor 5/28/04, Act 61
Requires the Department of Justice to create policies and procedures necessary to provide notice to retail businesses relating to deceptive trade practices for requesting certain personal information for cash sales. |
| New Hampshire |
H.B. 384
Signed by governor 6/11/04, Chapter 202
Provides that financial affidavits in domestic relations cases are confidential and accessible only to the parties, their attorneys, the guardian ad litem, and certain state and federal officials. Establishes a private right of action under RSA 359-C, the Right to Privacy Act. |
| Utah |
H.B. 195
Signed by governor 3/15/04, Session Law Chapter 55
Deletes provisions that currently give the Division of Consumer Protection authority to regulate the misuse of personal identifying information; modifies provisions related to a deceptive act or practice by a supplier; modifies certain administrative fines imposed for violations of the Utah Consumer Sales Practices Act; modifies the definition of a credit services organization for purposes of the Credit Services Organizations Act; modifies the Charitable Solicitations Act to: change certain requirements for an application for registration to enable electronic filing; and exempt certain corporations from the act; modifies the definitions of a telephone solicitation and a telephone solicitor for purposes of the Telephone Fraud Prevention Act to be consistent with other statutes; and makes technical corrections. |
| West Virginia |
H.B. 4019
Signed by governor 3/31/04, Chapter 178
Prohibits the Division of Motor Vehicles’ sale of personal information for bulk distribution of surveys, marketing and solicitations. |
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H.B. 4020
Signed by governor 2/23/04, Chapter 122
Protects personal information maintained by the state from inappropriate disclosure. |
NCSL Contact: Heather Morton, Denver
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