HBA-KDB H.B. 1922 77(R) HBA-KDB C.S.H.B. 1922 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1922 By: McCall State Affairs 3/22/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Recent advances in technology have produced new ways of collecting, storing, and retrieving information with greater ease than before. However, these advances may cause individuals to feel relatively helpless in controlling how their personal information is being used by the government. C.S.H.B. 1922 provides that an individual has a right to be informed about information collected about the individual by government agencies, a right to notice about certain information collection practices, and a right to make a correction of incorrect information compiled about the individual. The bill also establishes a privacy task force to study and make recommendations to the legislature on the state's privacy policies. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1922 amends the Government Code relating to state government privacy policies. The bill entitles an individual to be informed about information that a state governmental body collects about the individual unless the state governmental body is allowed by law to withhold the information from the individual. The bill requires each state governmental body that collects information about an individual by means of a form that the individual completes and files with the governmental body in a paper format or in an electronic format on an Internet site to prominently state on the paper form and prominently post on the Internet site in connection with the electronic form, that: _with few exceptions, the individual is entitled on request to be informed about the information that the state governmental body collects about the individual; _the individual is entitled to receive and review the information; and _the individual is entitled to have the state governmental body correct information about the individual that is incorrect. The bill requires each state governmental body that collects information about an individual by means of an Internet site or that collects information about the computer network location or identity of a user of the Internet site to prominently post on the Internet site what information is being collected through the site about the individual or the computer network location or identity of a user of the site, including what information is being collected by means that are not obvious. The bill requires each state governmental body to establish a reasonable procedure under which an individual is entitled to have the state governmental body correct information that is incorrect. The bill prohibits the procedure from unduly burdening an individual using the procedure. The existing public information provisions govern the charges that a state governmental body is authorized to impose on an individual who requests information the governmental body collects about the individual. The bill prohibits the governmental body from charging an individual to correct information about the individual. The bill provides that each state governmental body must be in compliance with the bill before January 1, 2002. The bill requires the lieutenant governor and the speaker of the house of representatives to establish a privacy task force to study issues related to the information practices of state government that affect personal privacy. The bill sets forth provisions for the composition, administration, duties, and abolition of the privacy task force. The bill requires the task force to report the results of its study and its recommendations by September 1, 2002. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1922 modifies the original bill by decreasing from nine to five the number of members of the privacy task force that the lieutenant governor and the speaker of the house of representatives are required to appoint. The substitute removes the provision that requires the privacy task force to educate and inform the public, focus public debate, and suggest personal privacy safeguards that must be followed within state government. The substitute adds to the original bill by requiring the privacy task force to assess and analyze federal laws, regulations, and practices that affect, may affect, or could serve as a model for commercial privacy practices, in addition to state government practices, and recommend legislation based on its assessment and analysis.