May 26, 2005, Introduced by Senators CASSIS, BIRKHOLZ, BRATER and GOSCHKA and referred to the Committee on Judiciary.
A bill to amend 2004 PA 454, entitled
"Social security number privacy act,"
by amending section 3 (MCL 445.83).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Except as provided in subsection (2), a person
shall not intentionally do any of the following with the social
security number of an employee, student, or other individual:
(a) Publicly display all or more than 4 sequential digits of
the social security number.
(b) Subject to subsection (3), use all or more than 4
sequential digits of the social security number as the primary
account number for an individual. However, if the person is using
the social security number under subdivision (c) and as the primary
account number on the effective date of this act, this subdivision
does not apply to that person until January 1, 2006.
(c) Visibly print all or more than 4 sequential digits of the
social security number on any identification badge or card,
membership card, or permit or license. However, if a person has
implemented or implements a plan or schedule that establishes a
specific date by which it will comply with this subdivision, this
subdivision does not apply to that person until January 1, 2006, or
the completion date specified in that plan or schedule, whichever
is earlier.
(d) Require an individual to use or transmit all or more than
4 sequential digits of his or her social security number over the
internet or a computer system or network unless the connection is
secure or the transmission is encrypted.
(e) Require an individual to use or transmit all or more than
4 sequential digits of his or her social security number to gain
access to an internet website or a computer system or network
unless the connection is secure, the transmission is encrypted, or
a password or other unique personal identification number or other
authentication device is also required to gain access to the
internet website or computer system or network.
(f) Include all or more than 4 sequential digits of the social
security number in or on any document or information mailed or
otherwise sent to an individual if it is visible on or, without
manipulation, from outside of the envelope or packaging.
(g) Subject to subsection (3), beginning January 1, 2006,
include all or more than 4 sequential digits of the social security
number in any document or information mailed to a person, unless
any of the following apply:
(i) State or federal law, rule, regulation, or court order or
rule authorizes, permits, or requires that a social security number
appear in the document.
(ii) The document is sent as part of an application or
enrollment process initiated by the individual.
(iii) The document is sent to establish, confirm the status of,
service, amend, or terminate an account, contract, policy, or
employee or health insurance benefit or to confirm the accuracy of
a social security number of an individual who has an account,
contract, policy, or employee or health insurance benefit.
(iv) The document or information is mailed by a public body
under any of the following circumstances:
(A) The document or information is a public record and is
mailed in compliance with the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
(B) The document or information is a copy of a public record
filed or recorded with a county clerk or register of deeds office
and is mailed by that office to a person entitled to receive that
record.
(C) The document or information is a copy of a vital record
recorded as provided by law and is mailed to a person entitled to
receive that record.
(v) The document or information is mailed by or at the request
of an individual whose social security number appears in the
document or information or his or her parent or legal guardian.
(vi) The document or information is mailed in a manner or for a
purpose consistent with subtitle A of title V of the Gramm-Leach-
Bliley act, 15 USC 6801 to 6809; with the health insurance
portability and accountability act of 1996, Public Law 104-191; or
with section 537 or 539 of the insurance code of 1956, 1956 PA 218,
MCL 500.537 and 500.539.
(h) Require an employee to enter all or more than 4 sequential
digits of his or her social security number into any electronic or
computer device that utilizes a keyboard, numerical keypad, touch
pad, or touch screen for access if the employee's use of the
keyboard, keypad, touch pad, or touch screen is visible to other
individuals.
(2) Subsection (1) does not apply to any of the following:
(a) A use of all or more than 4 sequential digits of a social
security number that is authorized or required by state or federal
statute, rule, or regulation, by court order or rule, or pursuant
to legal discovery or process.
(b) A use of all or more than 4 sequential digits of a social
security number by a title IV-D agency, law enforcement agency,
court, or prosecutor as part of a criminal investigation or
prosecution, or providing all or more than 4 sequential digits of a
social security number to a title IV-D agency, law enforcement
agency, court, or prosecutor as part of a criminal investigation or
prosecution.
(3) It is not a violation of subsection (1)(b) or (g) to use
all or more than 4 sequential digits of a social security number if
the use is any of the following:
(a) An administrative use of all or more than 4 sequential
digits of the social security number in the ordinary course of
business, by a person or a vendor or contractor of a person, to do
any of the following:
(i) Verify an individual's identity, identify an individual, or
do another similar administrative purpose related to an account,
transaction, product, service, or employment or proposed account,
transaction, product, service, or employment.
(ii) Investigate an individual's claim, credit, criminal, or
driving history.
(iii) Detect, prevent, or deter identity theft or another crime.
(iv) Lawfully pursue or enforce a person's legal rights,
including, but not limited to, an audit, collection, investigation,
or transfer of a tax, employee benefit, debt, claim, receivable, or
account or an interest in a receivable or account.
(v) Lawfully investigate, collect, or enforce a child or
spousal support obligation or tax liability.
(vi) Provide or administer employee or health insurance or
membership benefits, claims, or retirement programs or to
administer the ownership of shares of stock or other investments.
(b) A use of all or more than 4 sequential digits of a social
security number as a primary account number that meets both of the
following:
(i) The use began before the effective date of this act.
(ii) The use is ongoing, continuous, and in the ordinary course
of business. If the use is stopped for any reason, this subdivision
no longer applies.