State officials say North Dakotans want more safeguards for their privacy. And legislators have taken notice.
A number of bills approved this session aim to protect North Dakotans' personal information, ranging from Social Security numbers to bank records.
The onslaught of privacy measures came after voters rejected a 2001 law that allowed banks and credit unions to sell or share customers' financial data without permission. It was defeated by 73 percent of the state's voters last summer.
"It gave legislators the idea that people really do respect their own privacy and feel strongly that they want their information and their lives left alone," said Attorney General Wayne Stenehjem.
Under the new law, banks and credit unions must get customers' written permission before selling their personal information.
Legislators "understood that the citizens of North Dakota sent a message," said Rep. Jim Kasper, R-Fargo, who has become known as a privacy advocate. "Overall, it's a big step in continuing to protect customers' information in the state of North Dakota."
Kasper said legislators made sure the law applies only to financial institutions and customers within North Dakota. Banks and credit unions were afraid they would be forced to apply North Dakota law to customers in other states.
Another new law restricts insurance information. State Insurance Commissioner Jim Poolman said insurance agents still will be able to shop around for competitive rates for their clients, but they will not be able to sell customer information without permission.
Lawmakers also approved legislation that bans the use of Social Security numbers on drivers' licenses and recorded documents.
Until recently, the Department of Transportation used Social Security numbers as identifying numbers on drivers' licenses. The agency has been phasing out their use since August 2001.
The new law bars the Department of Transportation from printing Social Security numbers on drivers' licenses in any circumstance.
Marcia Lembke, the state driver's license and traffic safety director, said the transition has been smooth, and she heard few complaints.
"We knew it was coming," Lembke said. "We just wanted to make sure drivers had the information they needed about the change."
Businesses are banned from filing or recording documents that include Social Security numbers unless it is required by law. If it is included, the number must be removed before a copy is provided to the public.
Stenehjem said he pushed the idea of taking Social Security numbers off public documents because identity theft is on the rise.
"The key piece of information that ID thieves look for is a Social Security number," he said.
A new federal law guarantees privacy in hospitals and other medical institutions. Years in the making, the rules prohibit the disclosure, without patient permission, of information for reasons unrelated to health care. Violators face civil and criminal penalties that can mean up to $250,000 in fines and 10 years in prison.
State lawmakers approved North Dakota's version of the Health Information Portability and Accountability Act, or HIPAA, this session. Gov. John Hoeven signed it into law April 15.
North Dakotans who do not want to talk to telemarketers can sign up for a state "no-call" list, which takes effect Aug. 1. Newspapers and political candidates are among those exempt from the law, meaning they may continue to call people on the list.
Rep. Dan Ruby, R-Minot, said whether it's a case of telemarketers calling at dinner time or banks selling customer information, North Dakotans value their privacy.
"This is what the people wanted," he said. "People are protective of their information, no matter who holds it."
Posted in Local on Saturday, May 17, 2003 7:00 pm Updated: 7:51 pm.
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