PRINTER'S NO. 987
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
821
Session of
2023
INTRODUCED BY GEBHARD, PENNYCUICK, ROTHMAN, BARTOLOTTA AND DUSH,
JUNE 29, 2023
REFERRED TO STATE GOVERNMENT, JUNE 29, 2023
AN ACT
Providing for protection of personal information from public
agencies; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Personal
Privacy Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Nonprofit organization." An entity that is exempt from
Federal income tax under 26 U.S.C. § 501(c) (relating to
exemption from tax on corporations, certain trusts, etc.), has
submitted an application with the Internal Revenue Service for
recognition of an exemption under 26 U.S.C. § 501(c) or is a
nonprofit corporation as defined in 15 Pa.C.S. § 102 (relating
to definitions).
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"Person." Any corporation, partnership, limited liability
company, business trust, other association, government entity
other than the Commonwealth, estate, trust, foundation or
natural person.
"Personal information." A list, record, register, registry,
roll, roster or any other compilation of data of any kind that
directly or indirectly identifies a person as a member,
supporter, volunteer or donor of financial or nonfinancial
support to a nonprofit organization.
"Public agency." A State or local governmental unit,
including an employee of a State or local government unit. The
term includes any of the following:
(1) Any department, agency, office, commission, board,
division or other entity of the Commonwealth.
(2) Any court of the Commonwealth, entity or office of
the unified judicial system or judicial or quasi-judicial
body.
(3) An institution of higher education as defined in
section 118(c) of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949.
(4) Any political subdivision, school district,
intermediate unit or area career and technical school.
(5) Any local, intergovernmental, regional, county or
municipal agency, authority, council, board, commission or
similar governmental entity.
Section 3. Protection of personal information from public
agencies.
(a) Prohibition.--Notwithstanding any other provision of law
and subject to section 4, a public agency may not do any of the
following:
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(1) Require a person or nonprofit organization to
provide the public agency with personal information or
otherwise compel the release of personal information.
(2) Release, publicize or otherwise publicly disclose
personal information in the possession of the public agency
without the express, written permission of the nonprofit
organization and each member, supporter, volunteer and
financial or nonfinancial donor identified in the personal
information.
(3) Request or require a current or prospective
contractor or grantee with the public agency to provide a
list of nonprofit organizations to which the current or
prospective contractor or grantee has provided financial or
nonfinancial support.
(b) Right-to-Know Law.--Personal information shall be exempt
from access under section 708 of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
Section 4. Nonapplicability.
Section 3 shall not apply to any of the following:
(1) A lawful warrant for personal information issued by
a court of competent jurisdiction.
(2) A lawful request for discovery of personal
information in litigation if all of the following conditions
are met:
(i) The requester demonstrates a compelling need for
the personal information by clear and convincing
evidence.
(ii) The requester obtains a protective order
barring disclosure of personal information to a person
not named in the litigation.
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(3) Admission of personal information as relevant
evidence before a court of competent jurisdiction. A court
may not publicly disclose personal information absent a
specific finding of good cause.
(4) The release of personal information by a public
agency that was voluntarily released by a person or nonprofit
organization to the public.
(5) The collection of information disclosing the
identity of any director, officer, registered agent or
incorporator of a nonprofit organization in a report or
disclosure required by Federal or State law to be filed with
the Secretary of the Commonwealth, except information that
directly identifies a person as a donor of financial support
to a nonprofit organization shall be subject to section 3.
(6) The disclosure of personal information derived from
a donation to a nonprofit organization that is affiliated
with a public agency and required by Federal or State law if
the donor has not previously requested anonymity from the
nonprofit organization.
(7) A national securities association that is registered
under 15 U.S.C. § 78o-3 (relating to registered securities
associations) or any information the national
securities association provides to the Department of Banking
and Securities under the act of December 5, 1972 (P.L.1280,
No.284), known as the Pennsylvania Securities Act of 1972.
(8) A report or disclosure required under Article XVI of
the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, or 65 Pa.C.S. Ch. 13A (relating
to lobbying disclosure).
Section 5. Penalties.
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(a) Civil action.--A person alleging a violation of section
3 may bring a civil action for appropriate injunctive relief or
damages in a court of competent jurisdiction. Damages awarded
under this subsection may include any of the following, as
appropriate:
(1) An amount of not less than $2,500 to compensate for
injury or loss caused by each violation of section 3.
(2) For an intentional violation of section 3, an amount
not to exceed three times the amount specified under
paragraph (1).
(b) Court costs.--A court, in rendering a judgment in a
civil action brought under subsection (a), may award all or a
portion of the costs of litigation, including reasonable
attorney fees and witness fees, to the plaintiff in the action
if the court determines that the award is appropriate.
(c) Criminal liability.--A person who knowingly violates
section 3 is guilty of a summary offense, which shall be
punishable by imprisonment for not more than 90 days or a fine
of not more than $300.
Section 6. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 7. Effective date.
This act shall take effect in 60 days.
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