Guam Social Security Number Confidentiality Act
5 G.C.A. § 32701, et seq.
Guam Statutes
5 GCA GOVERNMENT OPERATIONS
CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION
Article 7 Social Security Number Confidentiality Act
SOURCE: This entire article was added by P.L. 28-095 (Feb. 7, 2006) with the effective date of May 1, 2006.
§ 32701. Legislative Findings and Intent.
§ 32702. Short Title.
§ 32703. Definitions.
§ 32704. General Rule.
§ 32705. Exception.
§ 32706. Enforcement.
§ 32707. Effective Date.
§ 32701. Legislative Findings and Intent.
I Liheslaturan Guåhan finds that nationwide, the broad use and public exposure of Social Security Numbers has been a major contributor to the tremendous growth in identity theft and other forms of credit fraud.
Therefore, it is the intent of I Liheslaturan Guåhan to protect the citizens of Guam from identity theft through the inappropriate disclosure and misappropriation of their Social Security Numbers by limiting its use and display to the general public.
§ 32702. Short Title.
This Act shall be known and may be cited as the “Social Security Number Confidentiality Act”.
§ 32703. Definitions.
The following definitions shall be used in interpreting this Act:
(a) “Phish” means the act of sending an electronic mail or message over the internet to a user in an attempt to mislead the user into surrendering private information for any purpose other than the purpose disclosed to the user by the sender of the e-mail or message.
(b) “Public entity” means the government of Guam and any agency or instrumentality thereof. For purposes of this Act, public entity does not include the federal government.
(c) “Private entity” means any individual, corporation, company, partnership, firm, association, or any entity other than a public entity.
(d) “Private information” means any privileged personal information protected by law requiring the consent of that individual prior to disclosure.
(e) “Publicly post” or “publicly display” means to intentionally communicate, openly exhibit or otherwise make available to the general public.
§ 32704. General Rule.
No public or private entity shall:
(a) Assign an identification number to an individual which is identical to or incorporates an individual’s Social Security Number (SSN).
(b) Publicly post or publicly display, in any manner, private information or an individual's SSN.
(c) Print an individual's SSN on any card required for the individual to access products or services provided by the person or entity.
(d) Print an individual’s SSN on identification cards or badges.
(e) Print an individual's SSN on materials that are mailed, unless Federal or Guam law requires the SSN to be on the document to be mailed. Notwithstanding this Act, applications and forms sent by mail may include SSNs.
(f) Require an individual to transmit his private information or SSN over the internet in an unsecured or unencrypted connection.
(g) Deny to any individual any right, benefit or privilege provided by law because of an individual’s refusal to disclose his SSN as provided in 5 U.S.C. §552(a). Any public or private entity which requests an individual to disclose his SSN shall inform the individual upon his request whether that disclosure is mandatory or voluntary, by what statutory or legal authority the SSN is solicited, and what uses will be made of it.
(h) Phish across the internet in an attempt to have an individual disclose private information or their SSN.
§ 32705. Exception.
(a) Nothing in this Act shall prevent any public entity or private entity from using a SSN for internal verification and administrative purposes, so long as the use does not result in, or require the release of, the SSN to persons not designated by the entity to perform associated functions authorized by law.
(b) This Act shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the Freedom of Information Law and the Sunshine Reform Act of 1999, Title 5 GCA, Chapter 10, and the Open Government Law, Title 5 GCA, Chapter 8.
§ 32706. Enforcement. The Attorney General may:
(a) bring suit against any public entity or private entity for violating the provisions of this Section;
(b) collect civil penalties of up to Two Hundred Fifty Dollars ($250) per violation together with attorney’s fees and costs incurred in the investigation and prosecution of the matter;
(c) seek appropriate injunctive relief; and
(d) bring criminal charges pursuant to Title 9 GCA § 46.80 regarding the theft or the misappropriation of an individual’s SSN.
§ 32707. Effective Date.
This Act shall become effective on May 1, 2006 and apply to acts occurring on or after May 1, 2006.
For more information, see here: http://www.guamcourts.org/
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