HB342: restricting the use and display of social security numbers and establishing a private right of action under the right to privacy act.

HB 342 - AS INTRODUCED

2003 SESSION

03-0260

05/10

HOUSE BILL 342

AN ACT restricting the use and display of social security numbers and establishing a private right of action under the right to privacy act.

SPONSORS: Rep. Pilliod, Belk 31; Rep. Kurk, Hills 48; Rep. MacKay, Merr 39

COMMITTEE: Commerce

ANALYSIS

This bill restricts the use and display of social security numbers by agencies, individuals, and non-governmental entities.

The bill also establishes a private right of action under RSA 359-C, the right to privacy act.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0260

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT restricting the use and display of social security numbers and establishing a private right of action under the right to privacy act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Restriction on Use of Social Security Numbers. Amend RSA by inserting after chapter 359-F the following new chapter:

CHAPTER 359-G

RESTRICTION ON USE OF SOCIAL SECURITY NUMBERS

359-G:1 Restriction on Use of Social Security Numbers.

I. No person or entity, including a state agency or political subdivision, shall:

(a) Publicly post or publicly display in any manner an individual's social security number. "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available, on the Internet or in any other manner, to the general public, including on or visible through envelopes and packages delivered through the United States Postal Service or other delivery services.

(b) Print an individual's social security number on any card required for the individual to access products or services provided by the person or entity, or to practice a trade or profession licensed by the person or entity.

(c) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted.

(d) Require an individual to use his or her social security number to access an Internet site, unless a password or unique personal identification number or other authentication device is also required to access the Internet site.

II. This section shall not prevent the collection, use, or release of a social security number as required by state or federal law or the use of a social security number for internal verification or administrative purposes.

359-G:2 Violation; Enforcement.

I. An individual aggrieved by a violation of RSA 359-G:1 may bring:

(a) An action to enjoin such violation.

(b) An action to recover actual monetary loss from such a violation, or to receive up to $1000 in damages for each such violation, whichever is greater.

(c) Both such actions.

II. It shall be an affirmative defense in any action brought under this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent violations of this chapter. If the court finds that the defendant willfully or knowingly or with gross negligence violated this chapter, the court may, in its discretion, increase damages to an amount equal to not more than 3 times the amount available under paragraph I.

2 Right to Privacy; Costs; Private Right of Action. Amend RSA 359-C:13 to read as follows:

359-C:13 Private Right of Action; Costs. A customer aggrieved by a violation of this chapter may bring a private right of action seeking damages and a declaration of the statute's violation. In any successful action to enforce liability for a violation of the provisions of this chapter, the customer may recover the cost of the action together with reasonable attorney's fees as determined by the court.

3 Repeal. RSA 359-C:14-a, relative to exclusive remedies under the right to privacy act, is repealed.

4 Effective Date. This act shall take effect January 1, 2004.