44-1373

44-1373. Restricted use of personal
identifying information; civil penalty; definition

A. Except as otherwise specifically provided by law, beginning on January 1, 2005,
a person or entity shall not:

1. Intentionally communicate or otherwise make an individual's social security
number available to the general public.

2. Print an individual's social security number on any card required for the
individual to receive products or services provided by the person or entity.

3. Require the transmission of an individual's social security number over the
internet unless the connection is secure or the social security number is encrypted.

4. Require the use of an individual's social security number to access an internet
web site, unless a password or unique personal identification number or other
authentication device is also required to access the site.

5. Print a number that the person or entity knows to be an individual's social
security number on any materials that are mailed to the individual, unless state or
federal law requires the social security number to be on the document to be mailed. This
paragraph does not prohibit the mailing of documents that include social security numbers
sent as part of an application or enrollment process or to establish, amend or terminate
an account, contract or policy or to confirm the accuracy of the social security number.
In a transaction involving or otherwise relating to an individual, if a person or entity
receives a number from a third party, the person or entity has no duty to inquire or
otherwise determine if the number is or includes that individual's social security
number. The person or entity may print that number on materials that are mailed to the
individual, unless the person or entity that received the number has actual knowledge
that the number is or includes the individual's social security number. This paragraph
does not prohibit the mailing to the individual of any copy or reproduction of a document
that includes a social security number if the social security number was included on the
original document before January 1, 2005.

B. Notwithstanding subsection A, a person or entity that before January 1, 2005
used an individual's social security number in a manner inconsistent with subsection A
may continue using that individual's social security number in that manner on and after
January 1, 2005 subject to the following conditions:

1. The use of the social security number must be continuous. If the use is stopped
for any reason, subsection A applies.

2. Beginning in 2005, the person or entity must provide the individual with an
annual written disclosure of the individual's right to stop the use of the social
security number in a manner prohibited by subsection A.

3. If the individual requests in writing, the person or entity must stop using the
social security number in a manner prohibited by subsection A within thirty days after
receiving the request. No fee or charge is allowed for implementing the request, and the
person or entity shall not deny services to the individual because of the request.

C. This section does not prohibit the collection, use or release of a social
security number as required by the laws of this state or the United States or for
internal verification or administrative purposes.

D. Beginning on January 1, 2005, this state or any political subdivision of this
state shall not use an individual's social security number on state issued or political
subdivision issued forms of identification.

E. This section does not prohibit an agency of this state or a political
subdivision of this state from disseminating or using the last four numbers of an
individual's social security number.

F. A government agency shall not transmit to an individual material that contains
both an individual's social security number and bank, savings and loan association or
credit union account number. This subsection does not prohibit the transmitting of
documents that include social security and bank, savings and loan association or credit
union account numbers as a part of an application or enrollment process or to establish,
amend or terminate an account, contract or policy or to confirm the accuracy of the
social security, bank, savings and loan association or credit union account number.

G. Except as otherwise provided by law, documents or records that are recorded and
made available on the recording entity's public web site after the effective date of this
amendment to this section shall not contain more than five numbers that are reasonably
identifiable as being part of an individual's social security number and shall not
contain an individual's:

1. Credit card, charge card or debit card numbers.

2. Retirement account numbers.

3. Savings, checking or securities entitlement account numbers.

H. Only the attorney general or a county attorney, or both, may commence a legal
action for a violation of this section.

I. A person or entity is subject to a civil penalty of up to five hundred dollars
for each act of recording that violates subsection G. The civil penalty shall not apply
to a person or entity that transmits the document for recording but has no authority for
the creation of the document.

J. A county agency is not subject to civil liability for any action relating to
information recorded pursuant to subsection G.

K. For the purposes of this section, "individual" means a resident of this state.