HOUSE BILL No. 4115


     February 2, 1999, Introduced by Reps. Schermesser, DeHart, O'Neil, Minore and Mans and referred to the Committee on
Family and Civil Law.


        A bill to regulate the disclosure of certain personal infor-

   mation about an individual under certain circumstances; and to

   provide for a civil remedy.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec.  1.  As used in this act:

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           (a) "Confidential information" means an individual's name,

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      address, social security number, telephone number, account number

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      at a financial institution, credit record, or investment record.

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           (b) "Person" means an individual, partnership, corporation,

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      association, governmental entity, or other legal entity.

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           (c) "Transaction in this state" means an agreement executed

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      in this state for either of the following:

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           (i) The sale of a good or service.

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           (ii) The providing of credit to an individual.




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           Sec. 3.  (1) Except as provided in subsection (2), a person

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      shall not do either of the following:

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           (a) Sell, exchange, transfer, or trade confidential informa-

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      tion about an individual that was procured by or disclosed to the

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      person during the negotiation or execution of a transaction in

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      this state.

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           (b) Refuse to enter into a transaction in this state with an

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      individual unless the individual consents to the person's sale,

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      exchange, transfer, or trade of confidential information about

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      that individual.

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           (2) A person may sell, exchange, transfer, or trade confi-

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      dential information about an individual that was procured by or

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      disclosed to the person during the negotiation or execution of a

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      transaction in this state only if either of the following condi-

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      tions is met:

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           (a) The sale, exchange, transfer, or trade of the confiden-

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      tial information is expressly authorized by federal law.

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           (b) The person obtains the individual's written consent in

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      substantially the following form in 12-point or larger print:

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              "CONSENT TO DISCLOSURE OF CONFIDENTIAL INFORMATION

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      BY SIGNING THIS CONSENT FORM, I GIVE UP MY RIGHT UNDER MICHIGAN

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      LAW TO PROHIBIT _________________ FROM SELLING, EXCHANGING,

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      TRANSFERRING, OR TRADING MY NAME, ADDRESS, SOCIAL SECURITY

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      NUMBER, TELEPHONE NUMBER, ACCOUNT NUMBER AT A FINANCIAL

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      INSTITUTION, CREDIT RECORD, OR INVESTMENT RECORD.  I UNDERSTAND

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      THAT MICHIGAN LAW PROHIBITS __________________ FROM REFUSING TO

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      PROVIDE A GOOD OR SERVICE OR TO EXTEND CREDIT TO ME SOLELY



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      BECAUSE I FAIL TO CONSENT TO THE WAIVER OF MY RIGHT TO KEEP

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      CONFIDENTIAL INFORMATION DESCRIBED IN THIS CONSENT FORM.

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                                        ____________________

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                                        SIGNATURE".

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           Sec. 5.  A person who sells, exchanges, transfers, or trades

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      confidential information about an individual in violation of this

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      act is liable to the individual for civil damages of $5,000.00

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      for each violation.








































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