HOUSE AMENDED
PRIOR PRINTER'S NOS. 633, 896, 1142, PRINTER'S NO. 1692
1239
No. 601 Session of 2005
INTRODUCED BY WONDERLING, CORMAN, C. WILLIAMS, BRIGHTBILL,
ERICKSON, FERLO, KITCHEN, LEMMOND, MUSTO, RHOADES, ROBBINS,
TOMLINSON, WAUGH, M. WHITE, WOZNIAK, GREENLEAF, GORDNER,
VANCE, LAVALLE, D. WHITE, ORIE, KASUNIC, STACK, RAFFERTY,
LOGAN AND PIPPY, APRIL 4, 2005
AS REPORTED FROM COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, HOUSE
OF REPRESENTATIVES, AS AMENDED, APRIL 5, 2006
AN ACT
1 Relating to confidentiality of Social Security numbers; AND <--
2 MAKING A RELATED REPEAL.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Privacy of Social Security numbers.
6 (a) General rule.--A person or entity or State agency or
7 political subdivision shall not do any of the following:
8 (1) Publicly post or publicly display in any manner an
9 individual's Social Security number. "Publicly post" or
10 "publicly display" means to intentionally communicate or
11 otherwise make available to the general public.
12 (2) Print an individual's Social Security number on any
13 card required for the individual to access products or
14 services provided by the person, entity or State agency or
15 political subdivision.
1 (3) Require an individual to transmit his or her Social
2 Security number over the Internet unless the connection is
3 secure or the Social Security number is encrypted.
4 (4) Require an individual to use his or her Social
5 Security number to access an Internet website unless a
6 password or unique personal identification number or other
7 authentication device is also required to access the website.
8 (5) Print an individual's Social Security number on any
9 materials that are mailed to the individual unless Federal or
10 State law requires the Social Security number to be on the
11 document to be mailed. Notwithstanding this provision, Social
12 Security numbers may be included in applications and forms
13 sent by mail, including documents sent as part of an
14 application or enrollment process or to establish, amend or
15 terminate an account, contract or policy or to confirm the
16 accuracy of the Social Security number. A Social Security
17 number that is permitted to be mailed under this section may
18 not be printed, in whole or in part, on a postcard or other
19 mailer not requiring an envelope, or visible on the envelope
20 or without the envelope having been opened.
21 (6) Disclose in any manner whatsoever, EXCEPT TO THE <--
22 AGENCY ISSUING THE LICENSE, the Social Security number of an
23 individual who applies for a recreational license. For the
24 purposes of this paragraph, a "recreational license" means a
25 hunting license issued pursuant to 34 Pa.C.S. (relating to <--
26 game) or a fishing license pursuant to 30 Pa.C.S (relating to <--
27 fish).
28 (b) Exception.--APPLICABILITY.--Except as provided in <--
29 subsection (c), subsection (a) applies only to the use of Social
30 Security numbers on or after July 1, 2006 THE EFFECTIVE DATE OF <--
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1 THIS SECTION.
2 (c) Use prior to July 1, 2006.--A person or entity, not <--
3 (C) EXCEPTION.-- <--
4 (1) A PERSON OR ENTITY, NOT including a State agency or
5 political subdivision, that has used, prior to July 1, 2006 <--
6 THE EFFECTIVE DATE OF THIS SECTION, an individual's Social <--
7 Security number in a manner inconsistent with subsection (a)
8 may continue using that individual's Social Security number
9 in that manner on or after July 1, 2006 THE EFFECTIVE DATE OF <--
10 THIS SECTION, if all of the following conditions are met:
11 (1) (I) The use of the Social Security number is <--
12 continuous. If the use is stopped for any reason, subsection
13 (a) shall apply.
14 (2) (II) The individual is provided an annual <--
15 disclosure, commencing in the year 2006 AFTER THE EFFECTIVE <--
16 DATE OF THIS SECTION, that informs the individual that he or
17 she has the right to stop the use of his or her Social
18 Security number in a manner prohibited by subsection (a).
19 (d) Written requests.--A written request by an individual to <--
20 (2) AN INDIVIDUAL WHO RECEIVES AN ANNUAL DISCLOSURE <--
21 UNDER PARAGRAPH (1) HAS THE RIGHT TO stop the use of his or
22 her Social Security number in a manner prohibited by
23 subsection (a) shall be implemented AND MUST EXERCISE THAT <--
24 RIGHT BY SUBMITTING A WRITTEN REQUEST TO THE PERSON OR
25 ENTITY. THE PERSON OR ENTITY SHALL DISCONTINUE USE OF THE
26 INDIVIDUAL'S SOCIAL SECURITY NUMBER within 30 days of the
27 receipt of the request. There shall be no fee or charge for
28 implementing COMPLYING WITH the request. A person or entity <--
29 or State agency or political subdivision shall not deny <--
30 services to an individual because the individual makes a
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1 written request pursuant to this subsection.
2 (e) Internal verification.--This section does not prevent <--
3 (D) CONSTRUCTION.--THIS SECTION SHALL NOT BE CONSTRUED TO <--
4 PREVENT the collection, use or release of a Social Security
5 number as required by Federal or State law or the use of a
6 Social Security number for internal verification, administrative
7 purposes or for law enforcement investigations.
8 (f) Government documents.--This section does not apply to a <--
9 document that originates with, or is filed, recorded or
10 maintained by any court, nor to a document that is required to
11 be open to the public and that originates with, or is filed,
12 recorded or maintained by any government agency, instrumentality
13 or taxing authority.
14 (E) COURT DOCUMENTS.--ANY PORTION OF ANY RECORD, ORDER, <--
15 PETITION OR OTHER PAPER WHICH INCLUDES AN INDIVIDUAL'S SOCIAL
16 SECURITY NUMBER MAY BE KEPT IN THE FILES OF THE COURT AS A
17 PERMANENT RECORD THEREOF AND WITHHELD FROM PUBLIC INSPECTION
18 EXCEPT:
19 (1) UPON AN ORDER OF THE COURT GRANTED UPON CAUSE SHOWN;
20 (2) AS NECESSARY, BY LAW ENFORCEMENT AND COURT
21 PERSONNEL; OR
22 (3) AFTER REDACTION OF INFORMATION LISTING AN
23 INDIVIDUAL'S SOCIAL SECURITY NUMBER.
24 (F) STATE AGENCIES AND POLITICAL SUBDIVISIONS.--IF A STATE
25 AGENCY OR POLITICAL SUBDIVISION DETERMINES THAT A PUBLIC RECORD,
26 CONTAINING SOCIAL SECURITY NUMBER INFORMATION, IS SUBJECT TO
27 ACCESS, THE STATE AGENCY OR POLITICAL SUBDIVISION SHALL GRANT
28 ACCESS TO THE INFORMATION WHICH IS SUBJECT TO ACCESS AND DENY
29 ACCESS TO THE SOCIAL SECURITY NUMBER. IF THE SOCIAL SECURITY
30 NUMBER IS AN INTEGRAL PART OF THE PUBLIC RECORD AND CANNOT BE
20050S0601B1692 - 4 -
1 SEPARATED, THE STATE AGENCY OR POLITICAL SUBDIVISION SHALL
2 REDACT FROM THE PUBLIC RECORD THE SOCIAL SECURITY NUMBER, AND
3 SHALL GRANT ACCESS TO THE INFORMATION WHICH IS SUBJECT TO
4 ACCESS. THE STATE AGENCY OR POLITICAL SUBDIVISION MAY NOT DENY
5 ACCESS TO THE PUBLIC RECORD IF THE SOCIAL SECURITY NUMBER IS
6 ABLE TO BE REDACTED.
7 (g) Penalty.--Actions in violation of this act shall be
8 deemed a summary offense and shall be punishable by a fine of
9 not less than $50 and not more than $500 AND, FOR EVERY SECOND <--
10 OR SUBSEQUENT VIOLATION, BY A FINE OF NOT LESS THAN $500 AND NOT
11 MORE THAN $5,000. Fines under this section shall be distributed
12 equally between the Crime Victim's Compensation Fund
13 administered by the Pennsylvania Commission on Crime and
14 Delinquency and the Office of Attorney General for future
15 identity theft prevention.
16 Section 2. Criminal enforcement.
17 (a) District attorneys.--The district attorneys of the
18 several counties shall have authority to investigate and to
19 institute criminal proceedings for any violation of this act.
20 (b) Attorney General.--In addition to the authority
21 conferred upon the Attorney General under the act of October 15,
22 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,
23 the Attorney General shall have the authority to investigate and
24 institute criminal proceedings for any violation of this act. A
25 person charged with a violation of this act by the Attorney
26 General shall not have standing to challenge the authority of
27 the Attorney General to investigate or prosecute the case and,
28 if any such challenge is made, the challenge shall be dismissed
29 and no relief shall be available in the courts of this
30 Commonwealth to the person making the challenge.
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1 SECTION 4. THE PROVISIONS OF 34 PA.C.S. § 325(D) (RELATING <--
2 TO LIMITATION ON DISCLOSURE OF CERTAIN RECORDS) ARE REPEALED
3 INSOFAR AS THEY ARE INCONSISTENT WITH SECTION 1(G).
4 Section 3 5. Applicability. <--
5 The provisions of this act shall not apply to:
6 (1) A financial institution, as defined by section
7 509(3) of the Gramm-Leach-Bliley Act (Public Law 106-102, 15
8 U.S.C. § 6809(3)) or regulations adopted by agencies as
9 designated by section 504(a) of the Gramm-Leach-Bliley Act,
10 subject to Title V of the Gramm-Leach-Bliley Act or a
11 "licensee" as defined by 31 Pa. Code § 146a.2 (relating to
12 definitions).
13 (2) A covered entity, as defined by regulations
14 promulgated at 45 CFR Pts. 160 (relating to general
15 administrative requirements) and 164 (relating to security
16 and privacy) pursuant to Subtitle F of the Health Insurance
17 Portability and Accountability Act of 1996 (Public Law 104-
18 191, 42 U.S.C. 110 Stat. 1936). <--
19 (3) An entity subject to the Fair Credit Reporting Act
20 (Public Law 91-508, 15 U.S.C. § 1681 et seq.).
21 Section 4 6. Effective date. <--
22 This act shall take effect July 1, 2006 IN 180 DAYS. <--
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