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

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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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