Bill Text: MS SB2497 | 2018 | Regular Session | Introduced


Bill Title: State agencies; revise protections against disclosure of certain personal information of individuals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [SB2497 Detail]

Download: Mississippi-2018-SB2497-Introduced.html

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Blount

Senate Bill 2497

AN ACT TO AMEND SECTION 25-1-111, MISSISSIPPI CODE OF 1972, TO REVISE PROTECTIONS AGAINST DISCLOSURE BY STATE AGENCIES OF CERTAIN PERSONAL INFORMATION OF INDIVIDUALS; TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH A SCHEDULE FOR ALL STATE AGENCIES TO DESTROY INFORMATION THAT IS NOT STORED ELECTRONICALLY AND THAT IS PROTECTED BY STATE AND FEDERAL LAW; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 25-1-111, Mississippi Code of 1972, is amended as follows:

     25-1-111.  (1)  When any state agency mails, delivers, circulates, publishes, distributes, transmits, or otherwise disseminates, in any form or manner, information or material that contains the social security number of an individual, the agency shall take such steps as may be reasonably necessary to prevent the inadvertent disclosure of the individual's name, social security number, home addresses and dates of birth to members of the general public or to persons other than those persons who, in the performance of their duties and responsibilities, have a lawful and legitimate need to know the individual's social security number. * * *State agencies shall be in compliance with this section on or before July 1, 2003.   A state agency may share such information with other state agencies provided that the individual whose information is being released has consented to the sharing, or that there are valid public policy needs that can only be addressed by sharing the information.

     (2)  Any state agency who shares protected information with contractors shall do so only after entering into business associate agreements with the contractors setting out contractor duties for protection, destruction and sanitization of records, as well as a requirement to give notice to the agency in the event of a data breech.

     (3)  The provisions of this section shall not apply to audits and investigations of the State Auditor, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), the Ethics Commission, the Department of Revenue and the Attorney General.

     SECTION 2.  The Department of Archives and History shall establish a schedule for all state agencies to destroy information that is not stored electronically and that is protected by state and federal law.  The department shall establish procedures necessary to confirm the destruction of such information.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2018.


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