2025 -- H 5892 | |
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LC001481 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- COURT | |
ADMINISTRATION | |
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Introduced By: Representatives McEntee, Caldwell, Dawson, Fogarty, Knight, Bennett, | |
Date Introduced: February 28, 2025 | |
Referred To: House Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 8-15 of the General Laws entitled "Court Administration" is hereby |
2 | amended by adding thereto the following section: |
3 | 8-15-12. Rhode Island judicial security act. |
4 | (a) As used in this chapter, the following words shall, unless the context clearly requires |
5 | otherwise, have the following meanings: |
6 | (1) "Data broker" means a commercial entity that collects, assembles, or maintains personal |
7 | information concerning an individual who is not a customer or an employee of that entity in order |
8 | to sell the information or provide third-party access to the information. |
9 | (2) "Immediate family" means the spouse, domestic partner, child, step-child, parent, or |
10 | any other blood relative who lives in the same residence as a retired, recalled, or current justice, |
11 | judge, or magistrate within the Rhode Island unified judicial system, as defined in § 8-15-1, and |
12 | retired, recalled, or current judges and magistrate judges within the United States Federal District |
13 | Court for the District of Rhode Island, as well as retired, recalled, or current judges within the |
14 | United States Court of Appeals for the First Circuit who reside in the State of Rhode Island. |
15 | (3) "Personal information" means the Social Security number, residence addresses, home |
16 | phone numbers, mobile phone numbers, or personal email addresses of, and identifiable to, the |
17 | protected individual or immediate family member. |
18 | (4) "Protected Individual" means a retired, recalled, or current justice, judge, or magistrate |
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1 | of the Rhode Island unified judicial system, as defined in § 8-15-1, and retired, recalled, or current |
2 | justices, judges and magistrates of the United States Supreme Court, United States Courts of |
3 | Appeal, United States District Courts and United States Bankruptcy Courts who reside in the State |
4 | of Rhode Island. |
5 | (b)(1) No state agency, county agency or municipal agency shall publicly post or display |
6 | the personal information of any protected individual without first obtaining the written permission |
7 | of that individual. |
8 | (2) Each protected individual may file a written notice of their status as a protected |
9 | individual, for themselves and immediate family with any state, county, or municipal agency |
10 | requesting each state, county, or municipal agency to mark as confidential the protected |
11 | individual’s or immediate family member’s personal information. |
12 | (3) Upon receipt of a written request in accordance with this section, the state, county, or |
13 | municipal agency shall remove the protected individual’s or immediate family member’s personal |
14 | information from publicly available content within seventy-two (72) hours; and further, shall not |
15 | publicly post or display the personal information of any protected individual or immediate family |
16 | member without first obtaining written permission from the protected individual. |
17 | (c)(1) In accordance with this section, it shall be unlawful for a data broker to sell, license, |
18 | trade, purchase, or otherwise provide or make available for consideration a protected individual’s |
19 | or immediate family member’s personal information. |
20 | (2) Each protected individual may file a written notice of their status as a protected |
21 | individual, for themselves and immediate family, to any person, data broker, business, or |
22 | association, requesting the person, data broker, business, or association mark as confidential the |
23 | protected individual’s or immediate family member’s personal information. |
24 | (3) In accordance with this section, upon receipt of a written request submitted by the |
25 | protected individual, either directly or through an agent, to the person, data broker, business, or |
26 | association, the person, data broker, business, or association shall remove the protected individual’s |
27 | or immediate family member’s personal information from publicly available content within |
28 | seventy-two (72) hours; and further, shall not in the future publicly post or display the personal |
29 | information of any protected individual or immediate family member without first obtaining written |
30 | permission from the protected individual. |
31 | (4) After receiving a protected individual’s written request, a person, data broker, business, |
32 | or association shall ensure that the protected individual’s or the immediate family member’s |
33 | personal information is not made available on any website or subsidiary website under their control |
34 | controlled by that data broker, person, business, or association. |
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1 | (5) After receiving a protected individual’s written request, no person, data broker, business |
2 | or association shall transfer the judge's or an immediate family member's personally identifiable |
3 | information to any other person, business, or association through any medium. |
4 | (6) A protected individual, or their immediate family member, whose personally |
5 | identifiable information is made public as a result of a violation of this section may bring an action |
6 | seeking injunctive or declaratory relief in any court of competent jurisdiction within the State of |
7 | Rhode Island. If the court grants injunctive or declaratory relief, the person, business, or association |
8 | responsible for the violation shall be required to pay the individual’s costs and reasonable attorneys' |
9 | fees. |
10 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- COURT | |
ADMINISTRATION | |
*** | |
1 | This act would protect the personal information of judicial officers and their immediate |
2 | family members who serve or have served the Rhode Island unified judicial system, as well as |
3 | judicial officers who reside in Rhode Island and who serve or have served in the federal courts, |
4 | including the United States Supreme Court, the United States Courts of Appeals, the United States |
5 | District Courts and the United States Bankruptcy Courts. |
6 | This act would take effect upon passage. |
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