REPORT TITLE:
SSN; Display of


DESCRIPTION:
Gives the individual person the choice of refusing to have that
person's social security number displayed on any card, form,
electronic record, notice, poster or other medium that may be
seen by a member of the public.  Gives the person a private right
of action with automatic mandatory penalty and attorney fees for
violation of this section.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2315
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SOCIAL SECURITY NUMBERS.



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

 1      SECTION 1.  The legislature finds that the use of social
 
 2 security numbers as a means of identifying a person's records has
 
 3 been standard practice by businesses, government offices, and
 
 4 others for many decades.  A person's social security number can
 
 5 be the key to opening that person's bank account, receipt of
 
 6 benefits of various kinds, voter registration, and until recently
 
 7 the person's driver's license.  The legislature recognizes that
 
 8 the sheer ubiquitousness of the social security number in many
 
 9 facets of a person's life enables identity thieves to operate
 
10 easily in today's increasingly technological society, because
 
11 social security numbers can be readily seen on different public
 
12 and business records.  Yet, total ban of the use of the social
 
13 security number may not be feasible if businesses are not
 
14 prepared for this change.  The purpose of this Act is to prohibit
 
15 the display of a person's social security number without the
 
16 person's consent on any medium that might be seen by a member of
 
17 the public and that person must be given an option to have a
 
18 unique randomized identifier instead.  This means that even while
 
19 the number may be used in a person's personal file, it would not
 

 
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 1 be visible (on display) for anyone to see and make note of in
 
 2 order to victimize the unwary.
 
 3      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 4 a new section to be appropriately designated and to read as
 
 5 follows:
 
 6      "§   -     Social security number; display of prohibited.
 
 7 (a)  It shall be unlawful to display another person's social
 
 8 security number on a card, form, electronic record, notice,
 
 9 poster, or any other medium designed to be seen by a member of
 
10 the public without that person's consent.  A choice of either the
 
11 person's social security number or a randomly created number
 
12 shall be offered to the person as a unique identifier.
 
13      (b)  Any person who violates this section shall be liable
 
14 for minimum damages of not more than $      for each separate act
 
15 of violation and for attorney's fees and court costs.  Each day a
 
16 violation of subsection (a) continues shall constitute a separate
 
17 act.
 
18      (c)  Any person aggrieved by a violation of this section may
 
19 bring an action in a court of appropriate jurisdiction for
 
20 relief."
 
21      SECTION 3.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 
23 begun, before its effective date.
 

 
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                                     S.B. NO.           2315
                                                        
                                                        

 
 1      SECTION 4.  New statutory material is underscored.
 
 2      SECTION 5.  This Act shall take effect upon its approval.
 
 3 
 
 4                              INTRODUCED BY:______________________