BILL NUMBER: AB 2383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2008

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 21, 2008

   An act to add Section 1798.855 to the Civil Code, relating to
social security numbers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2383, as amended, Ruskin. Social security numbers.
   Existing law prohibits a person or entity, with specified
exceptions, from publicly posting or displaying an individual's
social security number or doing certain other acts that might
compromise the security of an individual's social security number,
unless otherwise required by federal or state law. 
   This 
    Except as specified, this  bill would prohibit a retail
business  or landlord  from soliciting, requiring, or using
an individual's social security number for any purpose unless that
number is necessary for that business's normal course of business and
there is a specific use for that number for which no other number
may be used. This bill would also require that a retail business meet
certain requirements with respect to any requested social security
number.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1798.855 is added to the Civil Code, to read:
   1798.855.  (a) A retail business  or a landlord  shall
not solicit, require, or use an individual's social security number
for any purpose unless that number is necessary for that business's
normal course of business and there is a specific use for that number
for which no other number may be used.
   (b) A retail business  or a landlord  that solicits,
requires, or uses an individual's social security number shall meet
all of the following requirements with respect to any requested
social security number:
   (1) The manner of the request  does   shall
 not require the speaking of that number.
   (2) The requestor  receives  shall receive
 the number through a device that encrypts  or secures 
the number on receipt.
   (3) The number  remains encrypted   shall
remain encrypted or secured  in transmission and in any
subsequent storage.
   (4) The number  is not   shall not be 
retained any longer than is reasonably necessary for the purpose for
which it was solicited.
   (5) The number  is   shall be  used only
for the purpose for which it was solicited or required under
subdivision (a).
   (c) This section does not prohibit a retail business from
soliciting, requiring, or using a social security number when it is
expressly required by state or federal law to do so.
   (d) This section does not authorize a retail business to solicit,
require, or use a social security number in any circumstance in which
that conduct is otherwise prohibited by California law.
   (e) This section does not apply to the conduct of a retail
business with respect to individuals regarding employment or
potential employment. 
   (f) This section does not apply to a transaction between a retail
business and a consumer on an Internet Web site.  
   (f) 
    (g)  For purposes of this section,  "social
  the following definitions apply:  
   (1) "Landlord" means a person or entity that offers, or arranges
for, the rental of dwelling units, as defined in subdivision (c) of
Section 1940 of the Civil Code, when the entity offers, or arranges
for, the rental of 16 or more dwelling units per year.  
   (2) "Retail business" means an entity that is engaged in the
business of selling, renting, or leasing goods to the public. A
retail business does not include a supervised financial institution,
as defined in paragraph (2) of subdivision (c) of Section 22154 of
the Financial Code. A retail business does not include any
individual, firm, company, association, organization, partnership
limited liability company, or corporation engaged in the business of
insurance that is licensed or regulated by the Department of
Insurance. 
    (3)     "Social  security number"
means any consecutive portion of a social security number of three
digits or more.