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NEW TEXAS LAW - EFFECTIVE IN 2005 REGARDING CONFIDENTIALITY OF SOCIAL SECURITY NUMBER.

§ 35.58. CONFIDENTIALITY OF SOCIAL SECURITY NUMBER.

Text of section as added by Acts 2003, 78th Leg., ch. 341, § 1


Text of section effective March 1, 2005

(a) A person may not print an individual's social security
number on a card or other device required to access a product or
service provided by the person unless the individual has requested
in writing such printing. A person may not require a request for
such printing as a condition to receipt of or access to a product or
service provided by the person.
(b) A person who violates this section is liable to the
state for a civil penalty in an amount not to exceed $500 for each
violation. The attorney general or the prosecuting attorney in the
county in which the violation occurs may bring suit to recover the
civil penalty imposed under this section. The attorney general may
bring an action in the name of the state to restrain or enjoin a
person from violating this section.
(c) This section does not apply to:
(1) the collection, use, or release of a social
security number that is required by state or federal law, including
Chapter 552, Government Code; or
(2) the use of a social security number for internal
verification or administrative purposes.

Added by Acts 2003, 78th Leg., ch. 341, § 1, eff. March 1, 2005.

For text of section as added by Acts 2003, 78th Leg., ch. 649, §
1, see V.T.C.A., Bus. & C. Code § 35.58, post.

For text of section as added by Acts 2003, 78th Leg., ch. 808, §
1, see V.T.C.A., Bus. & C. Code § 35.58, post.

For text of section as added by Acts 2003, 78th Leg., ch 1326, §
6, see V.T.C.A., Bus. & C. Code § 35.58, post.

§ 35.58. CONFIDENTIALITY OF SOCIAL SECURITY NUMBER.

Text of section as added by Acts 2003, 78th Leg., ch. 1326, § 6


Text of section effective January 1, 2005

(a) A person, other than government or a governmental
subdivision or agency, may not:
(1) intentionally communicate or otherwise make
available to the general public an individual's social security
number;
(2) display an individual's social security number on
a card or other device required to access a product or service
provided by the person;
(3) require an individual to transmit the individual's
social security number over the Internet unless the connection with
the Internet is secure or the number is encrypted;
(4) require an individual's social security number for
access to an Internet website, unless a password or unique personal
identification number or other authentication device is also
required for access; or
(5) print an individual's social security number on
any materials, except as provided by Subsection (f), that are sent
by mail, unless state or federal law requires that the individual's
social security number be included in the materials.
(b) A person that is using an individual's social security
number before January 1, 2005, in a manner prohibited by Subsection
(a) may continue that use if:
(1) the use is continuous; and
(2) the person provides annual disclosure to the
individual, beginning January 1, 2006, stating that on written
request from the individual the person will cease to use the
individual's social security number in a manner prohibited by
Subsection (a).
(c) A person, other than government or a governmental
subdivision or agency, may not deny services to an individual
because the individual makes a written request under Subsection
(b).
(d) If a person receives a written request from an
individual directing the person to stop using the individual's
social security number in a manner prohibited by Subsection (a),
the person shall comply with the request not later than the 30th day
after the date the request is received. The person may not impose a
fee or charge for complying with the request.
(e) This section does not apply to:
(1) the collection, use, or release of a social
security number that is required by state or federal law, including
Chapter 552, Government Code;
(2) the use of a social security number for internal
verification or administrative purposes;
(3) documents that are recorded or required to be open
to the public under Chapter 552, Government Code;
(4) court records; or
(5) an institution of higher education if the use of a
social security number by the institution is regulated by Chapter
51, Education Code, or another provision of the Education Code.
(f) Subsection (a)(5) does not apply to an application or
form sent by mail, including a document sent:
(1) as part of an application or enrollment process;
(2) to establish, amend, or terminate an account,
contract, or policy; or
(3) to confirm the accuracy of a social security
number.

Added by Acts 2003, 78th Leg., ch. 1326, § 6, eff. Jan. 1, 2005.

For text of section as added by Acts 2003, 78th Leg., ch. 341, §
1, see V.T.C.A., Bus. & C. Code § 35.58, ante.

For text of section as added by Acts 2003, 78th Leg., ch. 649, §
1, see V.T.C.A., Bus. & C. Code § 35.58, ante.

For text of section as added by Acts 2003, 78th Leg., ch. 808, §
1, see V.T.C.A., Bus. & C. Code § 35.58, ante.



The federal Privacy Act is at 5 USC 552a. It does not affect us directly, although I think it is the source of much confusion.

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