Law / United States /
Rhode Island
Social security number protection under the Consumer Empowerment and Identity Theft Prevention Act of 2006
R.I. Gen. Laws secs. 6-48-7, 6-48-8
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Security
- Audit expectation
- none
As of .
What it requires
- Do not intentionally communicate or otherwise make available to the general public all or part of an individual's social security number (section 6-48-8(a)(1)).
- Do not print all or part of an individual's social security number on any card the individual must use to access the products or services you provide (section 6-48-8(a)(2)).
- Do not require an individual to transmit all or part of a social security number over the Internet unless the connection is secure or the number is encrypted, and do not require an individual to use all or part of one to access an Internet website unless a password, unique personal identification number or other authentication device is also required (section 6-48-8(a)(3) and (4)).
- Do not print all or part of an individual's social security number on materials mailed to the individual unless state or federal law requires it; a number that may be mailed, such as one on an application or enrollment form, may not be printed on a postcard or other mailer not requiring an envelope, or be visible on the envelope or without opening it (section 6-48-8(a)(5)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 6-48-8(d)(2): a person who knowingly violates the section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, a fine of not more than $5,000, or both.
Penalty structure
Section 6-48-8(d)(1): a civil fine of not more than $3,000 for a violation of the section. A knowing violation is a misdemeanor punishable by imprisonment for not more than 30 days, a fine of not more than $5,000, or both (section 6-48-8(d)(2)). The $3,000 ceiling is recorded as fixed_cap.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 3,000
Statutory damages
Section 6-48-7(a): for a willful failure to comply with a requirement the chapter imposes with respect to a consumer, actual damages or damages of not less than $100 and not more than $1,000, or such punitive damages as the court allows, plus, in a successful action, costs and reasonable attorneys' fees. The $100 figure is the statutory floor; the $1,000 figure is a ceiling.
- As of
- Currency
- USD
- Per person minimum
- 100
Who enforces it
Enforcement body
The consumer, who may sue the person for damages under section 6-48-7.
Settledness
- As of
What this law does
Section 6-48-8(a)(1) to (4) of the Rhode Island General Laws bar a person or entity, including a state or local agency, from intentionally communicating or otherwise making available to the general public all or part of an individual's social security number, from printing it on any card required to access products or services, from requiring an individual to transmit it over the Internet unless the connection is secure or the number is encrypted, and from requiring its use to access an Internet website unless a password, unique personal identification number or other authentication device is also required.
Section 6-48-8(a)(5) of the Rhode Island General Laws bars a person or entity from printing all or part of an individual's social security number on any materials mailed to the individual, unless state or federal law requires the number to be on the document to be mailed.
Section 6-48-8(a)(5) of the Rhode Island General Laws provides that a social security number permitted to be mailed may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or be visible on the envelope or without the envelope having been opened.
Section 6-48-8(b) and (c) of the Rhode Island General Laws exclude documents recorded or required to be open to the public under chapter 42-46 and allow the collection, use or release of a social security number as required by state or federal law, or its use for internal verification or administrative purposes.
Section 6-48-8(d) of the Rhode Island General Laws makes a person who violates the section responsible for a civil fine of not more than $3,000, and makes a person who knowingly violates it guilty of a misdemeanor punishable by imprisonment for not more than 30 days, a fine of not more than $5,000, or both. Section 6-48-8 of the Rhode Island General Laws is headed as effective .
Section 6-48-7(a) of the Rhode Island General Laws makes a person who willfully fails to comply with a requirement the chapter imposes with respect to a consumer liable to that consumer for actual damages or damages of not less than $100 and not more than $1,000, or punitive damages as the court allows, plus, in a successful action, costs and reasonable attorneys' fees.
Section 6-48-7(c) of the Rhode Island General Laws makes a person who is negligent in failing to comply with a requirement the chapter imposes with respect to a consumer liable to that consumer for actual damages and, in a successful action, costs and reasonable attorneys' fees. Section 6-48-4(b) of the Rhode Island General Laws defines a consumer as an individual who is also a resident of this state. Public Law 2006, chapter 226 (H 7148 Substitute A as amended) was enacted on .
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