MCL - Act 452 of 2004


Act 452 of 2004

AN ACT to prohibit certain acts and practices concerning identity theft; to require notification of a security breach of a database that contains certain personal information; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

History: 2004, Act 452, Eff. Mar. 1, 2005 ;-- Am. 2006, Act 566, Eff. July 2, 2007

The People of the State of Michigan enact:
Document Type Description
Section 445.61 Section Short title.
Section 445.63 Section Definitions.
Section 445.64 Section Exemption.
Section 445.65 Section Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.
Section 445.65a Section Definitions; prohibited acts; obtaining confidential telephone records by law enforcement agency or telecommunication provider.
Section 445.67 Section Additional prohibited acts.
Section 445.67a Section Prohibited acts; interactive computer service provider not liable for certain actions; civil action by attorney general or interactive computer service provider; exception; recovery of damages; investigation.
Section 445.69 Section Certain violations as felony; penalty; consecutive sentences; defense in civil action or criminal prosecution; burden of proof; exception.
Section 445.71 Section Prohibited acts in conduct of trade or commerce; violation as misdemeanor; penalty; civil liability.
Section 445.72 Section Notice of security breach; requirements.
Section 445.72a Section Destruction of data containing personal information required; violation as misdemeanor; fine; compliance; "destroy" defined.
Section 445.72b Section Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy.
Section 445.73 Section Verification of information; use of vital record.
Section 445.75 Section Repeal of MCL 750.285.
Section 445.77 Section Effective date.
Section 445.79 Section Property subject to forfeiture.
Section 445.79a Section Seizure of forfeited property; seizure without process; circumstances.
Section 445.79b Section Seizure without process of property not exceeding $50,000.00; procedure; powers of seizing agency; title; examination of seized money; return of money; burden of proof.
Section 445.79c Section Forfeited property; powers of local government or state; appointment and authority of receiver; payment of expenses.
Section 445.79d Section Seizure and forfeiture activities; report by agency to department of state police; audit; "reporting agency" defined.