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80C360(3) DLF

CHAPTER 501.

PROTECTION OF DRIVER'S LICENSE AND SOCIAL SECURITY NUMBERS

SUBCHAPTER A.

CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS

Revised Law

501.001.

CERTAIN USES OF SOCIAL SECURITY NUMBER PROHIBITED.

A person, other than a government or a governmental subdivision or agency, may not:

intentionally communicate or otherwise make available to the public an individual's social security number;

display an individual's social security number on a card or other device required to access a product or service provided by the person;

require an individual to transmit the individual's social security number over the Internet unless:

the Internet connection is secure; or

the social security number is encrypted;

require an individual's social security number for access to an Internet website unless a password or unique personal identification number or other authentication device is also required for access; or

except as provided by Subsection (f), print an individual's social security number on any material sent by mail, unless state or federal law requires that social security number to be included in the material.

A person using an individual's social security number before January 1, 2005, in a manner prohibited by Subsection (

a) may continue that use if:

the use is continuous; and

beginning January 1, 2006, the person provides to the individual an annual disclosure stating that, on written request from the individual, the person will stop using the individual's social security number in a manner prohibited by Subsection (a).

A person, other than a government or a governmental subdivision or agency, may not deny a service to an individual because the individual makes a written request under Subsection (b)(2).

If a person receives a written request from an individual directing the person to stop using the individual's social security number in a manner prohibited by Subsection (a), the person shall comply with the request not later than the 30th day after the date the request is received.

The person may not impose a fee for complying with the request.

This

section does not apply to:

the collection, use, or release of a social security number required by state or federal law, including

Chapter 552, Government Code;

the use of a social security number for internal verification or administrative purposes;

a document that is recorded or required to be open to the public under

Chapter 552, Government Code;

a court record; or

an institution of higher education if the use of a social security number by the institution is regulated by

Chapter 51, Education Code, or another provision of the Education Code.

Subsection (a)(5) does not apply to an application or form sent by mail, including a document sent:

as part of an application or enrollment process;

to establish, amend, or terminate an account, contract, or policy; or

to confirm the accuracy of a social security number.

(Bus. & Com. Code,

Sec. 35.58, as added Acts 78th Leg., R.S., Ch. 1326.)

Source Law

CONFIDENTIALITY OF SOCIAL SECURITY NUMBER.

A person, other than government or a governmental subdivision or agency, may not:

intentionally communicate or otherwise make available to the general public an individual's social security number;

display an individual's social security number on a card or other device required to access a product or service provided by the person;

require an individual to transmit the individual's social security number over the Internet unless the connection with the Internet is secure or the number is encrypted;

require an individual's social security number for access to an Internet website, unless a password or unique personal identification number or other authentication device is also required for access; or

print an individual's social security number on any materials, except as provided by Subsection (f), that are sent by mail, unless state or federal law requires that the individual's social security number be included in the materials.

A person that is using an individual's social security number before January 1, 2005, in a manner prohibited by Subsection (

a) may continue that use if:

the use is continuous; and

the person provides annual disclosure to the individual, beginning January 1, 2006, stating that on written request from the individual the person will cease to use the individual's social security number in a manner prohibited by Subsection (a).

A person, other than government or a governmental subdivision or agency, may not deny services to an individual because the individual makes a written request under Subsection (b).

If a person receives a written request from an individual directing the person to stop using the individual's social security number in a manner prohibited by Subsection (a), the person shall comply with the request not later than the 30th day after the date the request is received.

The person may not impose a fee or charge for complying with the request.

This

section does not apply to:

the collection, use, or release of a social security number that is required by state or federal law, including

Chapter 552, Government Code;

the use of a social security number for internal verification or administrative purposes;

documents that are recorded or required to be open to the public under

Chapter 552, Government Code;

court records; or

an institution of higher education if the use of a social security number by the institution is regulated by

Chapter 51, Education Code, or another provision of the Education Code.

Subsection (a)(5) does not apply to an application or

form sent by mail, including a document sent:

as part of an application or enrollment process;

to establish, amend, or terminate an account, contract, or policy; or

to confirm the accuracy of a social security number.

Revisor's Note

Chapters 341 and 1326, Acts of the 78th Legislature, Regular Session, 2003, enacted two provisions, both numbered

Section 35.58, Business & Commerce Code, that concern confidentiality of social security numbers.

Those two provisions, revised in this subchapter as this

section and

Section 501.002, are partially duplicative and afford methods of protecting social security numbers that are sufficiently different that the manner in which they could be simultaneously applied is unclear.

To ensure that the proper applicability of the two provisions may be determined in the future in accordance with applicable law, including

Section 311.025, Government Code, which provides for construction of irreconcilable statutes based on dates of enactment, both Chapters 341 and 1326 are revised.

Section 35.58(d), Business & Commerce Code, as added by

Chapter 1326, Acts of the 78th Legislature, Regular Session, 2003, prohibits a person from imposing a "fee or charge" for complying with an individual's request to stop using the individual's social security number in a manner prohibited by

Section 35.58(a).

The revised law omits the reference to "charge" because, in context, "charge" is included in the meaning of "fee."

Revised Law

501.002.

CERTAIN USES OF SOCIAL SECURITY NUMBER PROHIBITED; REMEDIES.

A person may not print an individual's social security number on a card or other device required to access a product or service provided by the person unless the individual has requested in writing that printing.

The person may not require a request for that printing as a condition of receipt of or access to a product or service provided by the person.

A person who violates this

section is liable to this state for a civil penalty in an amount not to exceed $500 for each violation.

The attorney general or the prosecuting attorney in the county in which the violation occurs may bring an action to recover the civil penalty imposed under this section.

The attorney general may bring an action in the name of the state to restrain or enjoin a person from violating this section.

This

section does not appl