SENATE BILL No. 1065

March 8, 2000, Introduced by Senators MILLER, BYRUM, YOUNG, DE BEAUSSAERT, KOIVISTO, PETERS, STEIL, MC COTTER, MC MANUS, ROGERS and LELAND

and referred to the Committee on Economic Development, International Trade and

Regulatory Affairs.

A bill to prohibit the disclosure of certain personal infor-

mation about an individual under certain circumstances; and to

provide for a civil remedy.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. (1) As used in this act:

2 (a) "Confidential information" means an individual's name,

3 address, social security number, telephone number, account number

4 at a financial institution, credit record, or investment record.

5 (b) "Person" means an individual, partnership, corporation,

6 association, governmental entity, or other legal entity.

7 (c) "Transaction in this state" means an agreement executed

8 in this state for either of the following:

9 (i) The sale of a good or service.

10 (ii) The providing of credit to an individual.

00460'99 DMS

2

1 (2) Except as provided in subsection (3), a person shall not

2 do either of the following:

3 (a) Sell, exchange, transfer, or trade confidential informa-

4 tion about an individual that was procured by or disclosed to the

5 person during the negotiation or execution of a transaction in

6 this state.

7 (b) Refuse to enter into a transaction in this state with an

8 individual unless the individual consents to the person's sale,

9 exchange, transfer, or trade of confidential information about

10 that individual.

11 (3) A person may sell, exchange, transfer, or trade confi-

12 dential information about an individual that was procured by or

13 disclosed to the person during the negotiation or execution of a

14 transaction in this state only if either of the following condi-

15 tions is met:

16 (a) The sale, exchange, transfer, or trade is expressly

17 authorized by federal law.

18 (b) The person obtains the individual's written consent in

19 substantially the following form in 12-point or larger print:

20 "CONSENT TO DISCLOSURE OF CONFIDENTIAL INFORMATION

21 BY SIGNING THIS CONSENT FORM, I GIVE UP MY RIGHT UNDER MICHIGAN

22 LAW TO PROHIBIT _________________ FROM SELLING, EXCHANGING,

23 TRANSFERRING, OR TRADING MY NAME, ADDRESS, SOCIAL SECURITY

24 NUMBER, TELEPHONE NUMBER, ACCOUNT NUMBER AT A FINANCIAL

25 INSTITUTION, CREDIT RECORD, OR INVESTMENT RECORD. I UNDERSTAND

26 THAT MICHIGAN LAW PROHIBITS __________________ FROM REFUSING TO

27 PROVIDE A GOOD OR SERVICE OR TO EXTEND CREDIT TO ME SOLELY

00460'99

3

1 BECAUSE I FAIL TO CONSENT TO THE WAIVER OF MY RIGHT TO KEEP

2 CONFIDENTIAL INFORMATION DESCRIBED IN THIS CONSENT FORM.

3 ____________________

4 SIGNATURE".

5 (4) A person who sells, exchanges, transfers, or trades con-

6 fidential information about an individual in violation of this

7 act is liable to the individual for civil damages of $5,000.00

8 for each violation.

00460'99 Final page. DMS