May 8, 2008, Introduced by Reps. Dean, Palmer, Hopgood, Johnson, Bieda, Lemmons, Polidori, Valentine, Bennett, Scott, Cheeks, Espinoza, Miller, Gonzales, Constan, Corriveau, Leland, Spade, Jackson, Brown, Donigan, Ebli, Condino, Lindberg, Bauer, Vagnozzi, Virgil Smith, Green, Clack, Meadows, Robert Jones, Hood and DeRoche and referred to the Committee on Judiciary.
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
by amending section 12a (MCL 445.72a), as added by 2006 PA 566.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
12a. (1) Subject to subsection (3) subsections (2) and
(4), a person or agency that maintains a database that includes
personal information regarding multiple individuals shall destroy
any data that contain personal information concerning an individual
when
that the earlier of any of
the following occur:
(a) The data has remained in the database for a period of 2
years, or any longer period of time expressly agreed to by an
individual in writing or required or authorized by state or federal
law.
(b) The data is removed from the database and the person or
agency is not retaining the data elsewhere for another purpose not
prohibited
by state or federal law. This subsection
(2) Subsection (1) does not prohibit a person or agency from
retaining data that contain personal information for purposes of an
investigation, audit, or internal review.
(3) (2)
A person who that knowingly
violates this section is
guilty of a misdemeanor punishable by a fine of not more than
$250.00 for each violation. This subsection does not affect the
availability of any civil remedy for a violation of state or
federal law.
(4) (3)
A person or agency is considered to
be in compliance
with this section if the person or agency is subject to federal law
concerning the disposal of records containing personal identifying
information and the person or agency is in compliance with that
federal law.
(5) (4)
As used in this section,
"destroy" means to destroy or
arrange for the destruction of data by shredding, erasing, or
otherwise modifying the data so that they cannot be read,
deciphered, or reconstructed through generally available means.
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. 6103(request no.
05639'07).
(f) Senate Bill No. ____ or House Bill No. 6104(request no.
05979'07).
(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).