HCS/HBs 1064 & 667 - This act modifies the Personal Privacy Protection Act. Currently, a public agency is prohibited from releasing, publicizing, or otherwise publicly disclose 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 the non-profit entity. The act provides that the Personal Privacy Protection Act does not preclude the collection or publication of information contained in a financial interest statement.
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 non-profit organization submits, is expressly required by state law to submit, 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;
· A disclosure of personal information among law enforcement agencies or public agency investigators 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 by an entity or the representatives of a non-profit organization; 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 act is substantially similar to a provision in HB 667 (2023), HCS/HBs 919 & 1081 (2023), HB 1301 (2023), and the truly agreed to and finally passed CCS/SB 28 (2023).
SCOTT SVAGERA