PUBLIC OFFICIAL PRIVACY ACT

Session: 103rd General Assembly
Year: 2023
Bill #: HB3968
Category: FOIA, OMA and Public Notices
Position: No position
Mandate? Yes
Revenue Loss?
Authority Preemption?

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Creates the Public Official Privacy Act. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes an official's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family in a manner posing an imminent and serious threat to the official or the official's immediate family. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately.



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