SCS/HCS/HBs 919 & 1081 - This act modifies and creates new provisions relating to privacy protections.Personal Privacy Protection Act
(Section 105.1500)
The act modifies the Personal Privacy Protection Act. Currently, a public agency is prohibited from releasing, publicizing, or otherwise publicly disclosing personal information, as defined in the act, in possession of the public agency. This act permits such disclosure if the public agency obtains the express, written permission of every individual who is identifiable as a financial supporter of an entity exempt from federal income taxation.
The act provides that the Personal Privacy Protection Act does not preclude the collection or publication of information contained in a financial interest statement required by law.
The act additionally creates exemptions from the Personal Privacy Protection Act. Specifically, the act does not apply to the following:
· Personal information that a person or entity exempt from federal income taxation, submits or has previously submitted to a public agency for the purpose of seeking or obtaining, including acting on behalf of another to seek or obtain, a contract, grant, permit, license, benefit, tax credit, incentive, status, or any other similar item, including a renewal of the same, provided that a public agency shall not require an entity exempt from federal income taxation to provide information that directly identifies donors of financial support, but such information may be voluntarily provided to a public agency by the 501(c) entity;
· A disclosure of personal information among law enforcement agencies or public agency investigations pursuant to an active investigation;
· A disclosure of personal information voluntarily made as part of public comment, public testimony, pleading, or in a public meeting, or voluntarily provided to a public agency, for the purpose of public outreach, marketing, or education to show appreciation for or in partnership with an entity or the representatives of an entity exempt from federal income taxation; or
· A disclosure of personal information to a labor union or employee association regarding employees in a bargaining unit represented by the union or association.
This provision contains an emergency clause.
ANTI-SURVEILLANCE AND FOREIGN INTERVENTION ACT
(Section 105.1675)
The act creates the Anti-Surveillance and Foreign Intervention Act. Specifically, the act prohibits elected or appointed members of employees of any state entity from using, operating, or downloading on a state-owned device any social media application that is owned, in whole or in part, by the Chinese government or any company that shares its user's data with the Chinese Communist Party. This provision does not apply to military or law enforcement agencies when doing so is in keeping with the fulfillment of their duties.
JUDICIAL PRIVACY ACT
(476.1300 to 476.1313)
This act establishes the "Judicial Privacy Act", which regulates the use of a judicial officer's personal information.
Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.
After receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law. If a government agency fails to comply, the judicial officer may bring an action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees.
No person, business, or association shall publicly post or display on the internet a judicial officer's personal information if the judicial officer has made a written request. Further, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.
A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by such person, business, or association and shall not make the judicial officer's personal information public through any medium. If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.
No government agency, person, business, or association shall violate this act if the judicial officer fails to submit a written request. A written request shall be valid if the judicial officer sends the written request directly to a government agency, person, business, or association or files with the clerk of the Missouri Supreme Court or the clerk's designee in compliance with the Missouri Supreme Court rules. Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on behalf of the judicial officer if the judicial officer gives written consent and the clerk furnishes a copy of that consent with the request.
Each calendar quarter, the clerk of the Supreme Court of Missouri shall provide a list of all state judicial officers who have submitted a request to the appropriate officer for each government agency and the officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.
A judicial officer's written request shall specify what personal information shall be maintained as private. Furthermore, a judicial officer shall disclose the identity of his or her immediate family and indicate that their personal information shall be also be excluded to the extent that it could reasonably reveal the judicial officer's personal information. A judicial officer shall make reasonable efforts to identify specific publicly available content in the possession of a government agency.
A judicial officer's written request is valid until the judicial officer provides written consent to release the personal information or upon death of the judicial officer. Additionally, this act shall not apply to disclosures on lobbyist activities and campaign finance as required by law.
Written requests transmitted to a county recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after receiving a written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply with a list of documents not found in the county's records. In order to shield subsequent eligible documents, the judicial officer shall present a copy of their written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer. No recorder shall be liable for any damages under this provision if the recorder made a good faith effort to comply and no recorder shall be liable for the release of eligible documents or data that was released or accessed prior to the document being shielded.
These provisions are identical to provisions in HCS/SCS/SB 103 (2023), substantially similar to provisions in the perfected SS/SCS/SB 72 (2023), and similar to HB 2037 (2022).
UNLAWFUL TRACKING OF A MOTOR VEHICLE
(Section 565.260)
The act creates the offense of unlawful tracking of a motor vehicle. A person commits the offense of unlawful tracking of a motor vehicle if the person knowingly installs, conceals, or otherwise places an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle. The act includes various exceptions. The offense of unlawful tracking of a motor vehicle is a Class A misdemeanor.
SCOTT SVAGERA