BILL NUMBER: AB 2559INTRODUCED 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.