Board Position: ____ NP ____ NARX __ PENDINGDepartment Director DateGerald H. Goldberg 3/9/00
LSB TEMPLATE (rev. 6-98)
C:\WINDOWS\TEMP\SB 1365 01-19-2000 BA0F.DOC03/14/00 12:32 PM
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SUMMARYThis bill would create the “Identity Theft Victim’s Protection Act,” which wouldmake it a felony or misdemeanor to intentionally disclose personal informationabout a California resident to a third party for direct marketing purposes. Suchillegal disclosure would be “identity theft.”EFFECTIVE DATEThis bill would become effective January 1, 2001. However, the bill wouldspecify that certain provisions must be implemented by November 8, 2001.BACKGROUNDCurrently, the
Information Practices Act of 1977
requires state and localagencies to maintain in their records only that personal information relevant andnecessary to its governmental purposes. The act also specifies that state andlocal agencies shall maintain the sources of their information; shall maintainonly relevant, accurate and complete records; shall disclose personal informationonly under specific circumstances; shall maintain records regarding thedisclosure of personal information; and shall allow individuals access to suchinformation that pertains to them. Finally, the Information Practices Actestablishes civil remedies for the enforcement of its provisions.
State law
(Section 1798.3 of the Civil Code) defines “personal information” asany information that is maintained by an agency that identifies or describes anindividual, including, but not limited to, his or her name, social securitynumber, physical description, home address, home telephone number, education,financial matters, and medical or employment history. The definition alsoincludes statements made by, or attributed to, the individual.Currently, the
California Public Records Act
requires all state and localagencies to follow certain laws regarding public records, including making publicrecords available for public inspection during office hours, except as exemptedby law. If a state agency withholds any public record, it must demonstrate that1) the record was exempt from disclosure or 2) the public interest fornondisclosure outweighs s the public interest for disclosure.The
Public Records Act
requires agencies to provide any reasonably identifiablepublic record or records promptly upon request, upon payment of fees coveringdirect costs of duplication, or upon payment of an applicable statutory fee.
Franchise Tax Board
ANALYSIS OF ORIGINAL BILL
Author:
Murray
Analyst:
Darrine Distefano
Bill Number:
SB 1365
Related Bills:
None
Telephone:
845-6458
Introduced Date:
01-19-2000
Attorney:
Patrick Kusiak
Sponsor:
SUBJECT
:
Personal Information Collection and Disclosure/Identity Theft Victim’sProtection Act
Senate Bill 1365 (Murray)Introduced January 19, 2000Page 2
SPECIFIC FINDINGSThe
Revenue and Taxation Code
provides that information collected on income taxreturns is considered confidential and, unless specifically available for otheruses, shall be used only to administer the income tax laws. The Franchise TaxBoard (FTB) may disclose information only in limited circumstances and only tospecific agencies as authorized by statute.The
Revenue and Taxation Code
authorizes disclosure of confidential taxpayerinformation only in the following circumstances: in judicial or administrativeproceedings in connection with the taxpayer's civil or criminal liability; tolegislative committees; to the Attorney General for specific types ofproceedings; to the State Controller for the purpose of locating the owners ofunclaimed property; to the State Department of Social Services and the StateDepartment of Health Services for the purpose of reporting unearned income; tothe Student Aid Commission for the purpose of collection of student loans; to thePublic Employees' Retirement System for the purpose of disbursing unclaimedbenefits; and to the Parent Locator for the purpose of locating parents for childsupport collection. In addition, FTB has entered into a number of reciprocalagreements with the Internal Revenue Service (IRS) and other taxing authoritiesthat allow the sharing of confidential taxpayer information for purposes ofenforcing tax compliance. Unwarranted or unauthorized disclosure of income taxreturn information is a misdemeanor offense.
This bill
would be known as the “Identity Theft Victim’s Protection Act.” Thebill contains legislative intent language finding that the crime of illegallyusing personal information to make unauthorized transactions presents a gravethreat to the health, safety, and economic welfare of all Californians.
This bill
would make it a felony or misdemeanor to intentionally disclosepersonal information about a California resident to a third party for directmarketing purposes. Such illegal disclosure would be “identity theft.”
This bill
would define various terms, including “personal information,” “victimof identity theft,” “direct marketing purposes,” and “disclose.”
Under this bill,
individuals who commit identity theft could be liable for amisdemeanor or felony crime, including a fine or a jail sentence or both.Under
this bill
, any individual, entity, or government agency that discloses thepersonal information of a victim of identity theft could also be held liable fordamages of $5,000 for each violation.
This bill
would establish procedures that individuals, entities, or governmentalagencies in charge of personal information must follow when notified thatidentity theft has occurred.Individuals or entities would not be allowed to condition the sale of goods,services, or other items of value on the requirement that a victim allow thedisclosure of personal information to third parties for direct marketingpurposes.
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California Tax Board: sb1365 011900
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| Upload Date: | 01/22/2008 |
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