HB 6187

HOUSE BILL NO. 6187
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
by amending section 3 (MCL 445.63), as amended by 2010
PA 318.
the people of the state of michigan enact:
Sec. 3. As used in this act:
(a)
"Agency" means a department, board, commission, office, agency,
authority, or other unit of state government of this state. The term Agency includes
an institution of higher education of this state. The
term Agency does not include a circuit,
probate, district, or municipal court.
(b) "Breach of
the security of a database" or "security breach" means the
unauthorized access and acquisition of data that compromises the security or
confidentiality of personal information maintained by a person or agency as
part of a database of personal information regarding multiple individuals. These terms do Breach of
the security of a database or security breach does not include
unauthorized access to data by an employee or other individual if the access
meets all of the following:
(i) The employee or other individual acted
in good faith in accessing the data.
(ii) The access was related to the activities
of the agency or person.
(iii) The employee or other individual did not
misuse any personal information or disclose any personal information to an
unauthorized person.
(c) "Child or
spousal support" means support for a child or spouse, paid or provided pursuant to in accordance
with state or federal law under a court order or judgment. Support Child or spousal
support includes, but is not limited to, any of the following:
(i) Expenses for day-to-day care.
(ii) Medical, dental, or other health care.
(iii) Child care expenses.
(iv) Educational expenses.
(v) Expenses in connection with pregnancy or
confinement under the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vi) Repayment of genetic testing expenses , under the
paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vii) A surcharge as provided by under section
3a of the support and parenting time enforcement act, 1982 PA 295, MCL
552.603a.
(d) "Credit
card" means that term as defined in section 157m of the Michigan penal
code, 1931 PA 328, MCL 750.157m.
(e)
"Data" means computerized personal information.
(f)
"Depository institution" means a state or nationally chartered bank
or a state or federally chartered savings and loan association, savings bank,
or credit union.
(g)
"Encrypted" means transformation of data through the use of an
algorithmic process into a form in which there is a low probability of
assigning meaning without use of a confidential process or key, or securing
information by another method that renders the data elements unreadable or
unusable.
(h) "False
pretenses" includes, but is not limited to, a false, misleading, or
fraudulent representation, writing, communication, statement, or message,
communicated by any means to another person, that the maker of the
representation, writing, communication, statement, or message knows or should
have known is false or fraudulent. The false
pretense False pretenses may be a
representation regarding a past or existing fact or circumstance or a
representation regarding the intention to perform a future event or to have a
future event performed.
(i) "Financial
institution" means a any of the following:
(i) A depository institution. , an
(ii) An affiliate of a depository institution. , a
(iii) A licensee under the any of the following:
(A) The consumer
financial services act, 1988 PA 161, MCL 487.2051 to 487.2072. ,
(B) 1984 PA
379, MCL 493.101 to 493.114. , the
(C) The motor
vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141. , the
(D) For 6 months after the effective date of the residential mortgage
licensing and supervision act, the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to
493.81. , the
(E) For 6 months after the effective date of the residential mortgage
licensing and supervision act, the mortgage brokers, lenders, and servicers licensing act, 1987
PA 173, MCL 445.1651 to 445.1684. , or the
(F) Beginning on the effective date of the residential mortgage
licensing and supervision act, the residential mortgage licensing and
supervision act.
(G) The regulatory
loan act, 1939 PA 21, MCL 493.1 to 493.24. , a
(iv) A seller under the either of the following:
(A) The home
improvement finance act, 1965 PA 332, MCL 445.1101 to 445.1431. , or the
(B) The retail
installment sales act, 1966 PA 224, MCL 445.851 to 445.873. , or a
(v) A person subject to subtitle A of title V of the
Gramm-Leach-Bliley act, 15 USC 6801 to 6809.
(j) "Financial
transaction device" means that term as defined in section 157m of the
Michigan penal code, 1931 PA 328, MCL 750.157m.
(k) "Identity
theft" means engaging in an act or conduct prohibited in under section
5(1).
(l) "Interactive computer service"
means an information service or system that enables computer access by multiple
users to a computer server, including, but not limited to, a service or system
that provides access to the internet or to software services available on a
server.
(m) "Law
enforcement agency" means that term as defined in section 2804 of the
public health code, 1978 PA 368, MCL 333.2804.
(n) "Local
registrar" means that term as defined in section 2804 of the public health
code, 1978 PA 368, MCL 333.2804.
(o) "Medical
records or information" includes, but is not limited to, medical and
mental health histories, reports, summaries, diagnoses and prognoses, treatment
and medication information, notes, entries, and x-rays
X-rays and other imaging records.
(p)
"Person" means an individual, partnership, corporation, limited
liability company, association, or other legal entity.
(q) "Personal
identifying information" means a name, number, or other information that
is used for the purpose of identifying a specific person or providing access to
a person's financial accounts, including, but not limited to, a person's name,
address, telephone number, driver license or state personal identification card
number, social security Social Security number, place of employment, employee
identification number, employer or taxpayer identification number, government
passport number, health insurance identification number, mother's maiden name,
demand deposit account number, savings account number, financial transaction
device account number or the person's account password, any other account
password in combination with sufficient information to identify and access the
account, automated or electronic signature, biometrics, stock or other security
certificate or account number, credit card number, vital record, or medical
records or information.
(r) "Personal
information" means the first name or first initial and last name linked to
1 or more of the following data elements of a resident of this state:
(i) Social security
Security number.
(ii) Driver license number or state personal
identification card number.
(iii) Demand deposit or other financial
account number, or credit card or debit card number, in combination with any
required security code, access code, or password that would permit access to
any of the resident's financial accounts.
(s) "Public
utility" means that term as defined in section 1 of 1972 PA 299, MCL
460.111.
(t) "Redact" means to alter or truncate data so
that no more than 4 sequential digits of a driver license number, state
personal identification card number, or account number, or no more than 5
sequential digits of a social security number, are accessible as part of
personal information.
(t) (u) "State
registrar" means that term as defined in section 2805 of the public health
code, 1978 PA 368, MCL 333.2805.
(u) (v) "Trade
or commerce" means that term as defined in section 2 of the Michigan
consumer protection act, 1971 1976 PA 331, MCL 445.902.
(v) (w) "Vital
record" means that term as defined in section 2805 of the public health
code, 1978 PA 368, MCL 333.2805.
(w) (x) "Webpage"
means a location that has a uniform resource locator or URL with respect to the
world wide web World
Wide Web or another location that can be accessed on the internet.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 6177 (request
no. H05171'25) of the 103rd Legislature is enacted into law.