2022 -- H 7566

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LC004818

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- INDENTITY THEFT PROTECTION ACT OF

2015

     Introduced By: Representatives Ackerman, Shekarchi, and Filippi

     Date Introduced: February 18, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-49.3-3 of the General Laws in Chapter 11-49.3 entitled "Identity

Theft Protection Act of 2015" is hereby amended to read as follows:

     11-49.3-3. Definitions.

     (a) The following definitions apply to this section:

     (1) "Breach of the security of the system" means unauthorized access or acquisition of

unencrypted, computerized data information that compromises the security, confidentiality, or

integrity of personal information maintained by the municipal agency, state agency, or person.

Good-faith acquisition of personal information by an employee or agent of the agency for the

purposes of the agency is not a breach of the security of the system; provided, that the personal

information is not used or subject to further unauthorized disclosure.

     (2) "Encrypted" means the transformation of data through the use of a one hundred twenty-

eight (128) bit or higher algorithmic process into a form in which there is a low probability of

assigning meaning without use of a confidential process or key. Data shall not be considered to be

encrypted if it is acquired in combination with any key, security code, or password that would

permit access to the encrypted data.

     (3) "Health insurance information" means an individual's health insurance policy number,

subscriber identification number, or any unique identifier used by a health insurer to identify the

individual.

     (4) "Medical information" means any information regarding an individual's medical

history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional

or provider.

     (5) "Municipal agency" means any department, division, agency, commission, board,

office, bureau, authority, quasi-public authority, or school, fire, or water district within Rhode

Island, other than a state agency, and any other agency that is in any branch of municipal

government and exercises governmental functions other than in an advisory nature.

     (6) "Owner" means the original collector of the information.

     (7) "Person" shall include any individual, sole proprietorship, partnership, association,

corporation, joint venture, business, legal entity, trust, estate, cooperative, or other commercial

entity.

     (8) "Personal information" means an individual's first name or first initial and last name in

combination with any one or more of the following data elements, when the name and the data

elements are not encrypted or are in hard copy, paper format:

     (i) Social security number;

     (ii) Driver's license number, Rhode Island identification card number, or tribal

identification number;

     (iii) Account number, credit, or debit card number, in combination with any required

security code, access code, password, or personal identification number, that would permit access

to an individual's financial account;

     (iv) Medical or health insurance information; or

     (v) E-mail address with any required security code, access code, or password that would

permit access to an individual's personal, medical, insurance, or financial account.; or

     (vi) Any information concerning a natural person which, because of name, number,

personal mark, or other identifier, can be used to identify such natural person.

     (9) "Remediation service provider" means any person who or that, in the usual course of

business, provides services pertaining to a consumer credit report including, but not limited to,

credit report monitoring and alerts, that are intended to mitigate the potential for identity theft.

     (10) "State agency" means any department, division, agency, commission, board, office,

bureau, authority, or quasi-public authority within Rhode Island; either branch of the Rhode Island

general assembly or an agency or committee thereof; the judiciary; or any other agency that is in

any branch of Rhode Island state government and that exercises governmental functions other than

in an advisory nature.

     (b) For purposes of this section, personal information does not include publicly available

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information that is lawfully made available to the general public from federal, state, or local

government records.

     (c) For purposes of this section, "notice" may be provided by one of the following methods:

     (i) Written notice;

     (ii) Electronic notice, if the notice provided is consistent with the provisions regarding

electronic records and signatures set forth in 15 U.S.C. § 7001; or

     (iii) Substitute notice, if the municipal agency, state agency, or person demonstrates that

the cost of providing notice would exceed twenty-five thousand dollars ($25,000), or that the

affected class of subject persons to be notified exceeds fifty thousand (50,000), or the municipal

agency, state agency, or person does not have sufficient contact information. Substitute notice shall

consist of all of the following:

     (A) E-mail notice when the municipal agency, state agency, or person has an e-mail address

for the subject persons;

     (B) Conspicuous posting of the notice on the municipal agency's, state agency's or person's

website page, if the municipal agency, state agency, or person maintains one; and

     (C) Notification to major statewide media.

     SECTION 2. This act shall take effect upon passage.

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LC004818

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- INDENTITY THEFT PROTECTION ACT OF

2015

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     This act would expand the definition of "personal information" to include a catchall

category, ensuring the ever-changing forms of personal information that can be used to commit

identity theft are protected. These other forms of personal information include biometric data, ITIN

numbers, passport numbers, or any range of data that "can be used to identify" a person. Hacks and

breaches impacting consumers who have provided a business or governmental entity with these

additional forms of data would trigger the breach notification provisions in § 11-49.3-4 and the

risk-based information security program provisions in § 11-49.3-2.

     This act would take effect upon passage.

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LC004818

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