S.F. No. 156 - Internet Privacy (Committee Engrossment)
Author:	Senator Steve Kelley
Prepared by:	Kathleen Pontius, Senate Counsel (651/296-4394)
Date:	February 19, 2003

Section 1 amends the definition of "personally identifiable information" to clarify that it does not include information in aggregate or summary form from which the identity of an individual consumer is not ascertainable; or information from which all information identifying a consumer has been removed and that cannot be combined with other information to identify the consumer.

Section 2 contains amendments to the provisions requiring disclosure of personal information under certain circumstances. Reasonable authentication of a consumer's identity would be necessary before required disclosure to the consumer. A reference is added to disclosures to the National Center for Missing and Exploited Children, as required under federal law in cases where an Internet service provider obtains knowledge of facts or circumstances from which a violation of child pornography laws is apparent. Language is added specifying that this section does not require an Internet service provider to create or retrieve information in a format in which it is not maintained at the time of a request for disclosure. It also does not require a provider to establish or maintain a system for retrieval of personally identifiable information that is retained and temporarily stored, used only for system backup or technical purposes, and not disclosed to a third party.

Section 3 amends the application provision of the law. It would not apply to activities of an Internet service provider not related to the provision of Internet service provider services and that are regulated by other law in a manner inconsistent with this chapter. To the extent that a service other than the provision of Internet services is subject to other law that is inconsistent with this chapter, the other law controls.

Section 4 contains an effective of March 1, 2003.

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