2008 House Bill 6102

Mandate database transfer disclosures

Introduced in the House

May 8, 2008

Introduced by Rep. Mary Valentine (D-91)

To require that a person or agency who sells or transfers information from a database containing personal identifying information on multiple individuals must send a notice to those in the database describing what information is being transferred, the reason, who’s getting it, and includes a telephone number or other contact information where a any errors in the information can be corrected of the individual can request removal from the database. The bill specifies the form of the notice, including by mail, or by phone or email under certain conditions. Failure to meet this mandate would be subject to a civil fine of $250 for each individual whose information is transferred, up to an maximum of $750,000.

Referred to the Committee on Judiciary

June 18, 2008

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 24, 2008

Substitute offered

To replace the previous version of the bill with one that instead of mandating notice requirements instead mandates adopting “reasonable policies and procedures” for detecting, preventing, and mitigating identity theft.

The substitute passed by voice vote

Amendment offered by Rep. Paul Condino (D-35)

To establish that courts and government agencies would exempt from the proposed regulations.

The amendment passed by voice vote

Passed in the House 62 to 46 (details)

To require that a financial institution or agency that makes consumer loans must establish “reasonable policies and procedures” for detecting, preventing, and mitigating identity theft. House Bill 6103 proposes $10,000 civil fines for failing to do so.

Received in the Senate

June 26, 2008

Referred to the Committee on Judiciary