Vermont H. 342: An act relating to eliminating certain prior authorization requirements

Bill Text

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H.342
Introduced by Representatives Priestley of Bradford, Casey of Montpelier,
Coffin of Cavendish, Headrick of Burlington, Howard of
Rutland City, Mrowicki of Putney, Nugent of South Burlington,
and White of Bethel
Referred to Committee on
Date:
Subject: Commerce and trade; protection of personal information; public
servants
Statement of purpose of bill as introduced: This bill proposes to require data
brokers to stop disclosing the protected personal information of certain public
servants upon receiving a notice to stop disclosing the protected information.
An act relating to protecting the personal information of certain public
servants
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. FINDINGS AND PURPOSE
(a) The General Assembly finds that Vermont’s judges, prosecutors, law
enforcement officers, and other public servants play an essential role in the
functioning of the government of the State of Vermont and that the nature of
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their official duties regularly places them in danger of death, serious physical
injury, and other reprisals from members of the public.
(b) Violence to and intimidation of such public servants and their families
is on the rise and public access to the personal information of these individuals
can be and has been used to facilitate violence and intimidation. The personal
information of these individuals is of negligible value to the public interest or
public discourse.
(c) Accordingly, the provisions of this act are both necessary and
appropriate to protect the privacy, safety, and security of public servants and to
prevent interference in the administration of justice and the operation of
government in the State of Vermont.
Sec. 2. 9 V.S.A. chapter 62 is amended to read:
CHAPTER 62. PROTECTION OF PERSONALINFORMATION
* * *
Subchapter 5. Data Brokers
* * *
§ 2448. NONDISCLOSURE OF CERTAIN PUBLIC SERVANT
PERSONALINFORMATION
(a) Definitions. As used in this section:
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(1) “Assignee” means a person or entity to whom a covered person’s
right to bring a civil action for a violation of this section has been assigned by
the covered person or their authorized agent.
(2) “Authorized agent” means any of the following persons or entities
authorized to submit or revoke a request for the redaction or nondisclosure of
protected information on behalf of a covered person and to engage in
communications and enforcement related to the request:
(A) a designated trustee or other agent pursuant to a written power of
attorney or other legal instrument on behalf of any covered person who is
physically or mentally incapacitated;
(B) a parent or legal guardian on behalf of any child who is a minor
and who is otherwise entitled to address redaction or nondisclosure pursuant to
this section; and
(C) a person or entity who has been appointed pursuant to a notarized
document by a covered person to act for the covered person for the submission
or revocation of requests for redaction or nondisclosure of protected
information.
(3) “Covered person” means any of the following individuals:
(A) active or former judges, law enforcement officers, prosecutors,
public defenders, parole and probation officers, municipal employees, and
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employees of the Family Services Division of the Department for Children and
Families; and
(B) the immediate family of individuals identified in subdivision (A)
of this subdivision (3).
(4) “Data broker” has the same meaning as set forth in section 2430 of
this title. “Data broker” as used in this section shall exclude governmental
agencies and their representatives acting in their official capacities.
(5) “Disclose” or “disclosing” means to solicit, sell, manufacture, give,
provide, lend, trade, mail, deliver, transfer, post, publish, distribute, circulate,
disseminate, present, exhibit, advertise, offer, or include within a searchable
list or database, regardless of whether any person has actually searched the list
or database.
(6) “Home address” means a partial or complete street address or other
information that reveals a home’s location, including taxparcel ID, legal
property description, or geographic coordinates.
(7) “Home telephone number” means any telephone number used
primarily for personal communications, including a landline or cellular
telephone number.
(8) “Immediate family” has the same meaning as in 3 V.S.A. § 1201.
(9) “Judge” means any justice, judge, or magistrate of the Vermont
Supreme Court, Superior Court, or Vermont Judicial Bureau, and any judge or
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magistrate of a federal court located in