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Citizen Richard James, McDonald
Researcher and Educator on State Citizenship

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Richards Notes


This is in response to my email, thanks to my friend for the information, it will help a lot of people.

I think you will find that this isn't as broad of a prohibition as you implied in the email that I'm replying to. Yes, the example you used of the University of La Verne appears to be valid.

I think you will find that this isn't as broad of a prohibition as you implied in the email that I'm replying to. Yes, the example you used of the University of La Verne appears to be valid. In my view even the Legislative Counsel's Digest is over broad.  However, like most legalese, they protect themselves when they say "This bill would prohibit any person or entity, . . . , from using an individual's social security number in certain ways." The key words as I see them are "in certain ways."
Earlier in the web site shown below is access to what appears to be a complete history on this bill, hearings, committee, votes, etc. Thus, providing the research source for those so inclined to look into specific uses to their circumstances.
As you will also note, this can be found in the California Civil Code as it has been incorporated per the directions of the Act. You can navigate there through the use of http://info.sen.ca.gov/
SB 168, Bowen. Personal information: confidentiality: identity theft. - can be found at the following site. http://info.sen.ca.gov/pub/bill/sen/sb_0151-0200/sb_168_bill_20011011_chaptered.html
"An act to amend Section 1785.15 of, to add Sections 1785.11.1, 1785.11.2, 1785.11.3, 1785.11.4, and 1785.11.6 to, and to add Title 1.81.1 (commencing with Section 1798.85) to Part 4 of Division 3 of, the Civil Code, relating to personal information."
Excerpt from "LEGISLATIVE COUNSEL'S DIGEST"
"SB 168, Bowen. Personal information: confidentiality: identity theft."
"(2) Existing law provides for the use of social security numbers as a means of identification in numerous applications.  This bill would prohibit any person or entity, not including a state or local agency, as of July 1, 2002, from using an individual's social security number in certain ways, including posting it publicly or requiring it for access to products or services.  This bill would provide an exception to the above-described provisions for a person or entity that meets specified conditions, but would provide that an individual may prohibit the use of his or her social security number in these circumstances by making a written request and that there may be no charge for implementing this request.  This bill would also provide that its provisions do not prevent the collection, use, or retention of social security numbers as required by state or federal law, or the use of social security numbers for internal verification or administrative purposes.  The bill would exempt from its requirements certain records required to be open to the public pursuant to specified state laws.  The bill would also provide that the prohibition on the use of social security numbers shall apply to providers of health care, health care service plans, licensed health care professionals, contractors, as defined, pursuant to delayed operative provisions." 
"SEC. 7. Title 1.81.1 (commencing with Section 1798.85) is added to Part 4 of Division 3 of the Civil Code, to read:" 
Excerpted portion "TITLE 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS" 
"1798.85. (a) A person or entity, not including a state or local agency, shall not do any of the following:

(1) Publicly post or publicly display in any manner an individual's  social security number. "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.  

(2) Print an individual's social security number on any card required for the individual to access products or services provided by the person or entity.

(3) Require an individual to transmit his or her social security number over the Internet unless the connection is secure or the social security number is encrypted.

(4) Require an individual to use his or her social security number to access an Internet Web site, unless a password or unique personal identification number or other authentication device is also required to access the Web site.

(5) Print an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed.  Notwithstanding this provision, applications and forms sent by mail may include social security numbers.  (b) Except as provided in subdivision (c), subdivision (a) applies

only to the use of social security numbers on or after July 1, 2002."

There is much more of this section ( "TITLE 1.81.1") I have not shown. 
Check it for yourself through site/sites provided.
Richard

 

Have a great day --

"If they can get you asking the wrong questions, they don't have to

worry about answers."

Thomas Pynchon


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