PRIOR PRINTER'S NO. 836 PRINTER'S NO. 1949
No. 703 Session of 2003
INTRODUCED BY WONDERLING, CORMAN, C. WILLIAMS, BRIGHTBILL, DENT,
ERICKSON, FERLO, HELFRICK, KITCHEN, LEMMOND, MUSTO, RHOADES,
ROBBINS, TOMLINSON, WAUGH, M. WHITE AND WOZNIAK, MAY 9, 2003
SENATOR CORMAN, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
NOVEMBER 16, 2004
AN ACT
1 Relating to confidentiality of Social Security numbers.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Privacy of Social Security numbers.
5 (a) General rule.--A person or entity or State agency or
6 political subdivision shall not do any of the following:
7 (1) Publicly post or publicly display in any manner an
8 individual's Social Security number. "Publicly post" or
9 "publicly display" means to intentionally communicate or
10 otherwise make available to the general public.
11 (2) Print an individual's Social Security number on any
12 card required for the individual to access products or
13 services provided by the person, entity or State agency or
14 political subdivision.
15 (3) Require an individual to transmit his or her Social
16 Security number over the Internet unless the connection is
1 secure or the Social Security number is encrypted.
2 (4) Require an individual to use his or her Social
3 Security number to access an Internet World Wide Web site
4 unless a password or unique personal identification number or
5 other authentication device is also required to access the
6 World Wide Web site.
7 (5) Print an individual's Social Security number on any
8 materials that are mailed to the individual unless Federal or
9 State law requires the Social Security number to be on the
10 document to be mailed. Notwithstanding this provision,
11 applications and forms sent by mail may include Social
12 Security numbers.
13 (b) Exception.--Except as provided in subsection (c),
14 subsection (a) applies only to the use of Social Security
15 numbers on or after July 1, 2003 2006. <--
16 (c) Use prior to July 1, 2003 2006.--A person or entity, not <--
17 including a State agency or political subdivision, that has
18 used, prior to July 1, 2003 2006, an individual's Social <--
19 Security number in a manner inconsistent with subsection (a) may
20 continue using that individual's Social Security number in that
21 manner on or after July 1, 2003 2006, if all of the following <--
22 conditions are met:
23 (1) The use of the Social Security number is continuous.
24 If the use is stopped for any reason, subsection (a) shall
25 apply.
26 (2) The individual is provided an annual disclosure,
27 commencing in the year 2003 2006, that informs the individual <--
28 that he or she has the right to stop the use of his or her
29 Social Security number in a manner prohibited by subsection
30 (a).
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1 (3) A written request by an individual to stop the use
2 of his or her Social Security number in a manner prohibited
3 by subsection (a) shall be implemented within 30 days of the
4 receipt of the request. There shall be no fee or charge for
5 implementing the request.
6 (4) A person or entity or State agency or political
7 subdivision shall not deny services to an individual because
8 the individual makes a written request pursuant to this
9 subsection.
10 (d) Internal verification.--This section does not prevent
11 the collection, use or release of a Social Security number as
12 required by Federal or State law or the use of a Social Security
13 number for internal verification or administrative purposes., <--
14 ADMINISTRATIVE PURPOSES OR FOR LAW ENFORCEMENT INVESTIGATIONS.
15 (E) PENALTY.--ACTIONS IN VIOLATION OF THIS ACT SHALL BE
16 DEEMED A SUMMARY OFFENSE AND SHALL BE PUNISHABLE BY A FINE OF
17 NOT LESS THAN $50 AND NOT MORE THAN $500. FINES UNDER THIS
18 SECTION SHALL BE DISTRIBUTED EQUALLY BETWEEN THE INDIVIDUAL
19 WHOSE SOCIAL SECURITY NUMBER WAS UNLAWFULLY DISCLOSED OR
20 REQUESTED AND THE OFFICE OF ATTORNEY GENERAL FOR FUTURE IDENTITY
21 THEFT PREVENTION.
22 SECTION 2. APPLICABILITY.
23 THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO:
24 (1) A FINANCIAL INSTITUTION, AS DEFINED BY SECTION
25 509(3) OF THE GRAMM-LEACH-BLILEY ACT (PUBLIC LAW 106-102, 15
26 U.S.C. § 6809(3)) OR REGULATIONS ADOPTED BY AGENCIES AS
27 DESIGNATED BY SECTION 504(A) OF THE GRAMM-LEACH-BLILEY ACT,
28 SUBJECT TO TITLE V OF THE GRAMM-LEACH-BLILEY ACT.
29 (2) A COVERED ENTITY, AS DEFINED BY REGULATIONS
30 PROMULGATED AT 45 CFR PTS. 160 (RELATING TO GENERAL
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1 ADMINISTRATION REQUIREMENTS) AND 164 (RELATING TO SECURITY
2 AND PRIVACY) PURSUANT TO SUBTITLE F OF THE HEALTH INSURANCE
3 PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (PUBLIC LAW 104-
4 191, 42 U.S.C. 110 STAT. 1936).
5 (3) AN ENTITY SUBJECT TO THE FAIR CREDIT REPORTING ACT
6 (PUBLIC LAW 91-508, 15 U.S.C. § 1681, ET SEQ.).
7 Section 2 3. Effective date. <--
8 This act shall take effect January 1, 2003 JULY 1, 2006. <--
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