BILL NUMBER: AB 2559	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 19, 2010

   An act to amend Section 1798.17 of, and to add Section 1798.87 to,
the Civil Code, relating to information practices.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2559, as introduced, John A. Perez. Social security numbers.
   Existing law, the Information Practices Act of 1977, regulates the
power of certain state agencies to possess and disclose personal
information. Existing law, with certain exceptions, prohibits the
disclosure of a person's social number.
   This bill would prohibit a state agency, as defined, from
requiring an applicant for any benefit, service, or privilege, or for
participation in any program to provide his or her social security
number unless the agency is otherwise expressly required by law to
require that the applicant provide the social security number as a
precondition to participation in the program or for receipt of the
benefit, service, or privilege. This bill would similarly prohibit
the agency from retaining the person's social security number, and
require the agency to conform their application forms.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1798.17 of the Civil Code is amended to read:
   1798.17.  Each agency shall provide on or with any form used to
collect personal information from individuals the notice specified in
this section. When contact with the individual is of a regularly
recurring nature, an initial notice followed by a periodic notice of
not more than one-year intervals shall satisfy this requirement. This
requirement is also satisfied by notification to individuals of the
availability of the notice in annual tax-related pamphlets or
booklets provided for them. The notice shall include all of the
following:
   (a) The name of the agency and the division within the agency that
is requesting the information.
   (b) The title, business address, and telephone number of the
agency official who is responsible for the system of records and who
shall, upon request, inform an individual regarding the location of
his or her records and the categories of any persons who use the
information in those records.
   (c) The authority, whether granted by statute, regulation, or
executive order which authorizes the maintenance of the information.
   (d) With respect to each item of information, whether submission
of such information is mandatory or voluntary.
   (e) The consequences, if any, of not providing all or any part of
the requested information.
   (f) The principal purpose or purposes within the agency for which
the information is to be used.
   (g) Any known or foreseeable disclosures which may be made of the
information pursuant to subdivision (e) or (f) of Section 1798.24.
   (h) The individual's right of access to records containing
personal information which are maintained by the agency.
   This section does not apply to any enforcement document issued by
an employee of a law enforcement agency in the performance of his or
her duties wherein the violator is provided an exact copy of the
document, or to accident reports whereby the parties of interest may
obtain a copy of the report pursuant to Section 20012 of the Vehicle
Code.
   The notice required by this section does not apply to agency
requirements for an individual to provide his or her name,
identifying number, photograph, address, or similar identifying
information, if this information is used only for the purpose of
identification and communication with the individual by the agency,
except that requirements for an individual's social security number
shall conform with the provisions of the Federal Privacy Act of 1974
(Public Law 93-579)  and Section 1798.87  .
  SEC. 2.  Section 1798.87 is added to the Civil Code, to read:
   1798.87.  (a) No agency, as defined in subdivision (b) of Section
1798.3, shall require an applicant for any benefit, service, or
privilege, or for participation in any program, to provide his or her
social security number and nor shall the agency retain the person's
social security number, unless the agency is otherwise expressly
required by law to require that the applicant provide the social
security number as a precondition to participation in the program or
for receipt of the benefit, service, or privilege.
   (b) No agency, as defined in subdivision (b) of Section 1798.3,
shall include an entry for an applicant's social security number on
any application or other form for the receipt of any benefit,
service, or privilege, or for participation in any program, unless
the agency is otherwise expressly required by law to require that the
applicant provide the social security number as a precondition to
participation in the program or for receipt of the benefit, service,
or privilege.