May 8, 2008, Introduced by Reps. Johnson, Palmer, Scott, Melton, Constan, Hammel, Hammon, Gonzales, Virgil Smith, Jackson, Bieda, Lemmons, Corriveau, Angerer, Simpson and Dean and referred to the Committee on Judiciary.
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
(MCL 445.61 to 445.77) by adding section 12d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12d. (1) If a person or agency that maintains a database
that includes personal identifying information regarding multiple
individuals receives personal identifying information concerning a
resident of this state for inclusion in that database, the person
or agency shall provide a notice to that resident that identifies
that person or agency, describes the personal identifying
information the person or agency is including in the database and
how the person or agency uses that personal identifying
information, and includes a telephone number or other contact
information that the resident may use to notify the person or
agency concerning any errors in his or her personal identifying
information or to request removal of his or her personal
identifying information from the database.
(2) An agency or person shall provide a notice required under
this section by providing 1 or more of the following to the
recipient:
(a) Written notice sent to the recipient at the recipient's
postal address in the records of the agency or person.
(b) Written notice sent electronically to the recipient if any
of the following are met:
(i) The recipient has expressly consented to receive electronic
notice.
(ii) The person or agency has an existing business relationship
with the recipient that includes periodic electronic mail
communications and based on those communications the person or
agency reasonably believes that it has the recipient's current
electronic mail address.
(iii) The person or agency conducts its business primarily
through internet account transactions or on the internet.
(c) If not otherwise prohibited by state or federal law,
notice given by telephone by an individual who represents the
person or agency if all of the following are met:
(i) The notice is not given in whole or in part by use of a
recorded message.
(ii) The recipient has expressly consented to receive notice by
telephone, or if the recipient has not expressly consented to
receive notice by telephone, the person or agency also provides
notice under subdivision (a) or (b) if the notice by telephone does
not result in a live conversation between the individual
representing the person or agency and the recipient within 3
business days after the initial attempt to provide telephonic
notice.
(3) A notice under this section shall meet all of the
following:
(a) For a notice provided under subsection (2)(a) or (b), be
written in a clear and conspicuous manner and contain the content
required under subsection (2).
(b) For a notice provided under subsection (2)(c), clearly
communicate the content required under subsection (2) to the
recipient of the telephone call.
(4) Subject to subsection (5), a person that knowingly fails
to provide any notice required under subsection (1) may be ordered
to pay a civil fine of not more than $250.00 for each failure to
provide notice. The attorney general or a prosecuting attorney may
bring an action to recover a civil fine under this section.
(5) The aggregate liability of a person for civil fines under
subsection (4) for multiple violations of subsection (4) that arise
from the same receipt of information for inclusion in a database
shall not exceed $750,000.00.
(6) Subsections (3) and (4) do not affect the availability of
any civil remedy for a violation of state or federal law.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6099(request no.
05635'07).
(b) Senate Bill No.____ or House Bill No. 6100(request no.
05636'07).
(c) Senate Bill No.____ or House Bill No. 6101(request no.
05637'07).
(d) Senate Bill No.____ or House Bill No. 6102(request no.
05638'07).
(e) Senate Bill No.____ or House Bill No. 6104(request no.
05979'07).
(f) Senate Bill No.____ or House Bill No. 6105(request no.
05980'07).
(g) Senate Bill No.____ or House Bill No. 6106(request no.
05981'07).
(h) Senate Bill No.____ or House Bill No. 6107(request no.
05982'07).