Redaction of tax identification number from secured transaction records - liability - rules.

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(1) The secretary of state may redact any tax identification number contained in a secured transaction record and, for this purpose, may use commercially available or other redaction software or other methods determined by the secretary of state to be cost effective.

  1. Subject to the provisions of section 4-9-522, C.R.S., the secretary of state shall retainthe unredacted original of a secured transaction record that contains a tax identification number. Notwithstanding any provision of part 2 of article 72 of this title or any other provision of law, the secretary of state shall not be required to open any such unredacted original to public inspection; except that a complete copy of the unredacted original of such secured transaction record shall be furnished upon application to the secretary of state for a certified copy of that specific secured transaction record.

  2. (a) Any person who believes that the secretary of state has redacted information in a copy of a specific secured transaction record other than the social security number or individual taxpayer identification number of an individual identified in such secured transaction record may apply to the secretary of state for the restoration of such redacted information.

  1. If, upon application pursuant to paragraph (a) of this subsection (3), the secretary ofstate determines that such redacted information is not the social security number or individual taxpayer identification number of an individual identified in such secured transaction record, the secretary of state shall restore such redacted information so that the information is perceivable, accessible, and open to public inspection.

  2. Nothing in this section shall preclude the restoration of redacted information that thesecretary of state determines should not have been redacted.

  1. The secretary of state shall not be liable for redacting or failing to redact a tax identification number pursuant to this section.

  2. The secretary of state may promulgate rules in accordance with article 4 of this titleto administer the provisions of this section, including any rules necessary to establish procedures for requesting the redaction of a tax identification number or the restoration of redacted information that is not the social security number or individual taxpayer identification number of an individual identified in such secured transaction record.

Source: L. 2009: Entire part added, (SB 09-283), ch. 336, p. 1778, § 1, effective June 1.


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