2007 Regular Session
|At the request of:||(at the request of Governor Theodore R. Kulongoski)|
|Chief Sponsors:||Senator Prozanski|
|Regular Sponsors:||Representative Bonamici , Representative Clem , Representative Dingfelder , Representative Holvey|
|Bill Title:||Relating to the Oregon Consumer Theft Protection Act; and declaring an emergency.|
|Catchline/Summary:||Requires person that owns, maintains or possesses data that includes consumer's personal information and is used in person's business, vocation, occupation or volunteer activities to notify consumer following discovery of breach of security if personal information is included in data for which security was breached.
Specifies notification methods and lists exemptions from notification requirements. Permits consumer to place security freeze on consumer report if consumer provides certain information and pays any required fee. Specifies time in which consumer reporting agency must place freeze and send confirmation of freeze to consumer. Permits consumer to temporarily lift or permanently remove security freeze by complying with certain procedures. Specifies conditions in which consumer reporting agency may lift or remove freeze. Specifies exemptions from requirement to place freeze. Requires consumer reporting agency to notify consumer of any change in consumer report that has freeze in place. Prohibits person from printing consumer's Social Security number on materials not requested by consumer or part of transaction unless Social Security number is redacted, except in specified circumstances. Requires person that owns, maintains or possesses data that includes consumer's personal information to implement security program for data. Specifies requirements for security program. Permits Department of Consumer and Business Services to investigate violations of Act, require filing of statements, administer oaths and affirmations, issue subpoenas and otherwise take evidence for investigation. Permits department to issue cease and desist orders, require payment of restitution or compensation and assess penalty of not more than $1,000 for each violation. Permits Department of Consumer and Business Services to adopt rules to implement and enforce Act. Increases biennial limitation on expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by department for purpose of carrying out provisions of Act. Declares emergency, effective October 1, 2007.
|Fiscal Impact:||Fiscal Impact Issued|
|Revenue Impact:||No Revenue Impact|
|Measure Analysis:||Staff Measure Summary / Impact Statements|