THE SENATE

S.B. NO.

209

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SOCIAL SECURITY NUMBER PROTECTION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 487J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§487J-     Request for a social security number; restrictions; data security.  (a)  Notwithstanding any law to the contrary, a person or entity doing business in this State may not request, collect, or mail to the individual the social security number or the last four digits of the social security number of an individual residing in this State unless one of the following exceptions applies:

     (1)  The social security number or the last four digits of the social security number of an individual are expressly required by state or federal law or county ordinance;

     (2)  The social security number or last four digits of the social security number of an individual are requested, collected, or mailed in connection with a request for credit or a credit transaction initiated by the consumer or in connection with a lawful request for a consumer credit report;

     (3)  The social security number or last four digits of the social security number of an individual are requested, collected, or mailed in connection with the opening of a deposit account or in connection with an investment;

     (4)  The social security number or last four digits of the social security number of an individual are requested, collected, or mailed for purposes of employment, including in the course of the administration of a claim, benefit, or procedure related to the individual's employment by the person, including the individual's termination from employment, retirement from employment, or injury suffered during the course of employment; or to check on an unemployment insurance claim of the individual;

     (5)  The social security number or last four digits of the social security number of an individual are requested, collected, or mailed for purposes of tax compliance;

     (6)  The social security number or last four digits of the social security number of an individual are requested, collected, or mailed for the purpose of: interaction with a governmental law enforcement agency; the collection of child or spousal support; or to determine whether an individual has a criminal record; or

     (7)  The social security number or last four digits of the social security number of an individual are requested, collected, or mailed by a health care organization for the purpose of medical treatment or health insurance.  For purposes of this paragraph, "health care organization" means any health care facility, as defined in section 323D-2, or any person or entity that issues an insurance policy subject to article 10A of chapter 431 or chapter 432, 432D, or 432G.

     (b)  A person or entity collecting data on a person's social security number, whether or not the collection is authorized by law, shall ensure that the data is securely stored in paper or electronic format.

     (c)  Nothing in this section:

     (1)  Prohibits a person from voluntarily including the person's own social security number on materials sent through the mail; or

     (2)  Applies to the mailing of a copy of a public record that contains a social security number.

     (d)  A person or entity who violates this section shall be subject to the same penalties that apply to businesses under section 487J-3."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Social Security Number Protection

 

Description:

Clarifies the circumstances under which the individual's social security number or the last four digits of the social security number of an individual may be requested of the individual by certain persons or entities.

 

 

 

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