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BILL AS INTRODUCED 2007-2008

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H.826

Introduced by Representatives Bray of New Haven, Ainsworth of Royalton, Consejo of Sheldon, Courcelle of Rutland City, Devereux of Mount Holly, Fallar of Tinmouth, Fisher of Lincoln, Gervais of Enosburg, Jewett of Ripton, Komline of Dorset, Larrabee of Danville, Lawrence of Lyndon, Mrowicki of Putney, Nuovo of Middlebury, Orr of Charlotte, Pellett of Chester, Pillsbury of Brattleboro, Scheuermann of Stowe, Sharpe of Bristol, Spengler of Colchester and Weston of Burlington

Referred to Committee on

Date:

Subject:  Public records; privacy

Statement of purpose:  This bill proposes to require the state archivist to study how the personal information of Vermonters is collected, how such information is used or shared with others, and if the personal privacy interests of Vermonters require additional protection.

AN ACT RELATING TO THE STUDY OF PERSONAL INFORMATION COLLECTION IN VERMONT

It is hereby enacted by the General Assembly of the State of Vermont:


Sec. 1.  PERSONAL INFORMATION COLLECTION STUDY

(a)  The Vermont state archivist shall study how the personal information of Vermont state citizens is collected by data collectors, as that term is defined in subsection (b) of this section, in order to determine if the state should enact additional legislative measures to protect the privacy of the citizens of the state.  In completing the study, the state archivist shall consult with the Vermont attorney general’s office, the Vermont League of Cities and Towns, the Vermont clerks and treasurers association, private data information collection businesses, and other interested parties to determine what personal information is routinely collected and how it is utilized.  On or before January 15, 2009, the state archivist shall report to the house and senate committees on government operations, the house and senate committees on judiciary, the house committee on commerce, and the senate committee on finance with the results of the study.  The report shall include:

(1)  A summary of how data collectors collect the personal information of Vermonters.

(2)  A data map of the personal information frequently sought from Vermonters by data collectors.

(3)  A summary of how data collectors use the personal information collected from Vermonters, including how personal information collected from Vermonters is shared with other entities and for what purposes.

(4)  An analysis of how personal information collection activities impact the privacy interest and rights of Vermonters.

(5)  Recommended legislation or regulation needed to regulate the collection of personal information in Vermont or legislation needed to protect the privacy interests and rights of Vermonters.

(b)  As used in this section, “data collector” means a state, state agency, political subdivision of the state, public or private university, privately or publicly held corporation, limited liability company, financial institution, retail operator, or any other entity that, for any purpose, whether by automated collection or otherwise, handles, collects, disseminates, or otherwise deals with public records, as that term is defined in 1 V.S.A § 316, or personal information, as that term is defined in 9 V.S.A. § 2430.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us