PRINTER'S NO.  822

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

736

Session of

2009

  

  

INTRODUCED BY CRUZ, YOUNGBLOOD, HARHART, LONGIETTI, SIPTROTH, TALLMAN, MELIO, MANN, BARRAR, KORTZ, McGEEHAN AND JOSEPHS, MARCH 5, 2009

  

  

REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, MARCH 5, 2009  

  

  

  

AN ACT

  

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Relating to confidentiality of Social Security numbers.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Social

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Security Number Confidentiality Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Publicly post" or "publicly display."  To intentionally

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communicate or otherwise make available to the general public.

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Section 3.  Privacy of Social Security numbers.

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(a)  General rule.--No person or entity may do any of the

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following:

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(1)  Publicly post or publicly display in any manner an

 


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individual's Social Security number.

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(2)  Print an individual's Social Security number on any

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card required for the individual to access products or

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services provided by the person or entity.

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(3)  Require an individual to transmit the individual's

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Social Security number over the Internet unless the

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connection is secure or the Social Security number is

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encrypted.

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(4)  Require an individual to use the individual's Social

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Security number to access an Internet website unless a

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password or unique personal identification number or other

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authentication device is also required to access the Internet

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website.

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(5)  Print an individual's Social Security number on any

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materials that are mailed to the individual unless Federal or

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State law requires the Social Security number to be on the

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document to be mailed. Notwithstanding this provision,

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applications and forms sent by mail may include Social

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Security numbers.

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(b)  Use prior to effective date.--A person or entity that

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has used, prior to the effective date of this section, an

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individual's Social Security number in a manner inconsistent

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with subsection (a) may continue using that individual's Social

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Security number in that manner on or after the effective date of

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this section, if all of the following conditions are met:

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(1)  The use of the Social Security number is continuous.

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If the use is stopped for any reason, subsection (a) shall

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apply.

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(2)  The individual is provided an annual disclosure by

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the person or entity informing the individual that the

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individual has the right to stop the use of the individual's

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Social Security number in a manner prohibited by subsection

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(a).

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(3)  A written request by an individual to stop the use

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of the individual's Social Security number in a manner

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prohibited by subsection (a) shall be implemented within 30

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days of the receipt of the request. There shall be no fee or

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charge for implementing the request.

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(4)  The person or entity does not deny services to an

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individual because the individual makes a written request

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pursuant to this subsection.

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(c)  Mailings.--A Social Security number that is permitted to

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be mailed under this section may not be printed, in whole or in

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part, on a postcard or other mailer not requiring an envelope,

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or visible on the envelope or without the envelope having been

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opened.

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(d)  Construction.--This section does not prevent the

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collection, use or release of a Social Security number as

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required by Federal or State law or the use of a Social Security

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number for internal verification or administrative purposes.

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Section 4.  Prohibition.

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A person or entity may not encode or embed a Social Security

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number in or on a card or document, including, but not limited

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to, using a bar code, chip, magnetic strip or other technology,

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in place of removing the Social Security number, as required by

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this act.

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Section 5.  Applicability.

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This act does not apply to documents that are required to be

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open to the public pursuant to any Federal or State law.

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Section 6.  Effective date.

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This act shall take effect in 60 days.

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