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Statutory Guide to Privacy and Data Breach Laws

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Statute Topic Description
Sunshine Act Provisions
610.032.1 RSMo Sunshine Law Executive agency’s records closed by law cannot disclose information that would allow identification of individuals or entities
610.024. 1 RSMo Sunshine Law Public governmental body shall separate the exempt and nonexempt material and make the nonexempt material available for examination and copying
610.035 RSMo Social Security Numbers State entity not to disclose Social Security number, exceptions
610.100 to 610.150 RSMo Arrest records and 911 reports Records required–public access–court ordered access–violations–sex offense victims, disclosure of identity–911 reports inaccessible, exceptions
State Privacy Topics
General
Chapter 115 RSMo Election Election Authorities and Conduct of Elections
Chapter 313 RSMo Gambling and biometrics Licensed Gaming Activities – patrons shall not be required to provide fingerprints, retinal scans, biometric forms of identification, any type of patron-tracking cards, or other types of identification prior to being permitted to enter the area where gambling is being conducted
362.422 RSMo Financial Records Disclosure of nonpublic personal information; nonaffiliated third parties (State law parallel to federal Gramm-Leach-Bliley Financial Modernization Act of 1999, “GLBA”)
407.1355 RSMo Social Security Numbers Social Security numbers, prohibited actions
407.1382 Credit freezes with credit reporting agencies Consumers can request a credit freeze. Fees may be charged.
408.675 to 408.700 RSMo Missouri Right to Financial Privacy There are provisions throughout the Code and in federal law pertaining to credit information, credit rating information, and credit reporting
491.060 RSMo Privileges Persons incompetent to testify–exceptions, children in certain cases (child testimony; privileges for attorney, minister, physician communication)
565.084 RSMo Tampering with a judicial officer, penalty Transferred to 575.095 effective 1-1-17
565.225 RSMo Crime of stalking
565.252 and 565.253 RSMo Crime of invasion of privacy Photography/film
569.095 to 569.099 RSMo Tampering with computer
Employment There are statutes throughout the Missouri Code protecting records pertaining to educators, public employees, as well as military members and their families
595.232 Law enforcement to accept identity theft incident reports Victims of identity theft have the right to contact the local law enforcement agency where the victim is domiciled and request that an incident report about the identity theft be prepared and filed. The victim may also request from the local law enforcement agency to receive a copy of the incident report.
Communication
407.1070 to 407.1110 RSMo Telephone Telemarketing Practices (phone solicitation)
407.1135 to 407.1141 RSMo Unsolicited E-mail Unsolicited Commercial E-Mail prohibited
542.400 to 542.422 RSMo Wiretaps Wiretaps (common carrier switching station communications)
Credit Cards
407.430 to 407.436 RSMo Credit cards Confidential and secure handling of credit card information
Health
167.183 RSMo Health Immunization records, disclosure, to whom–disclosure for unauthorized purpose, liability
Chapter 188 RSMo Regulation of Abortions Breach of Confidentiality prohibited
191.656 to 191.703 RSMo AIDS (Acquired Immunodeficiency Syndrome) Confidentiality of HIV records
191.918 RSMo Breast-feeding Breast-feeding in public permitted
375.1300 to 375.1312 RSMo Genetic Information and Domestic Violence Genetic information cannot be used by employers or insurers to discriminate against individuals
Medical and Pharmaceutical There are provisions throughout the Code and in federal law pertaining to medical and pharmaceutical information. For examples of medical records protections, see the web page for the Office of Civil Rights of Health and Human Services. (“HIPAA” and “HITECH”) For information pertaining to the safety of records pertaining to the Affordable Care Act, see the web page for the Federal Trade Commission
Identity
570.223 RSMo Identity Theft Crime if he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one or more means of identification not lawfully issued for his or her use
570.224 RSMo Trafficking in stolen identities Crime if manufactures, sells, transfers, purchases, or possesses, with intent to sell or transfer means of identification…for the purpose of committing identity theft
570.380 RSMo Fake Identification Manufacture or possession of fictitious or forged means of identification, intent to distribute, violation
Records
43.542 RSMo Criminal Records Approval of National Crime Prevention and Privacy Compact–execution of compact (criminal history records)
182.815 and 182.817 RSMo Library Records Disclosure of library records not required–exceptions
Chapters 210 and 211 RSMo Child and Juvenile Records Department of Social Services and Juvenile Courts (privacy protections throughout Chapters)
161.096 RSMo Education Records Education records are protected by federal statute and standards are followed in Missouri
407.1150 RSMo Criminal Record Publication Prohibits soliciting or accepting payment to remove or correct published booking information
453.120 RSMo Adoption Records Limits disclosure
194.600 RSMo Health Care Directives Registry Directory to electronically store advance health care directives
302.170, RSMo 32.091 RSMo Driver License Options for obtaining REAL ID Act compliant license, confidentiality of driver license information