CIVIL LIABILITY FOR DOXING ACT

Session: 103rd General Assembly
Year: 2023
Bill #: HB2954
Category: Courts
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Creates the Civil Liability for Doxing Act. Provides that an individual engages in the act of doxing when that individual intentionally publishes another person's personally identifiable information without the consent of the person whose information is published and: (1) the information is published with the intent that it be used to harm or harass the person whose information is published and with knowledge or reckless disregard that the person whose information is published would be reasonably likely to suffer death, bodily injury, or stalking; and (2) the publishing of the information: (i) causes the person whose information is published to suffer significant economic injury or mental anguish or to fear serious bodily injury or death of the person or a family or household member to the person; or (ii) causes the person whose information is published to suffer a substantial life disruption. Allows a person who is aggrieved by a violation of the Act to bring a civil action against the individual who committed the offense to recover damages and obtain any other appropriate relief. Provides that an individual who is found liable under the Act shall be jointly and severally liable with each other individual, if any, who is found liable under the Act for damages arising from the same violation of the Act. Allows a court to issue a temporary restraining order, emergency order of protection, or preliminary or permanent injunction to restrain and prevent the disclosure or continued disclosure of a person's personally identifiable information or sensitive personal information. Allows a civil action to be brought in any county in which an element of the offense occurred, or in which a person resides who is the subject of the personally identifiable information or sensitive personal information published in violation of the Act. House Amendment 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Adds a definition of "emotional distress". Replaces references to "mental anguish" with "emotional distress". Makes changes to the definitions of "family or household member", "publish", "stalk", and "substantial life disruption". Authorizes a court to issue an order to prevent the publication of personally identifiable information or sensitive personal information if certain requirements are met. Requires any injunctive relief that is granted to contain specified elements. Deletes a provision which specified that the Act was to be construed liberally.



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