2025 -- H 5892 SUBSTITUTE A

========

LC001481/SUB A/2

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- COURT

ADMINISTRATION

     

     Introduced By: Representatives McEntee, Caldwell, Dawson, Fogarty, Knight, Bennett,
and Alzate

     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 aggregator" means a commercial entity that collects, assembles, or maintains

7

personal information concerning an individual or an employee of that entity in order to sell the

8

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 protected individual, as defined herein.

11

     (3) "Personal information" means the Social Security number, residence addresses, home

12

phone numbers, mobile phone numbers, or personal email addresses of, and identifiable to, the

13

protected individual or immediate family member.

14

     (4) "Protected Individual" means a retired, recalled, or current justice, judge, or magistrate

15

of the Rhode Island unified judicial system, as defined in § 8-15-1, and retired, recalled, or current

16

justices, judges and magistrates of the United States Supreme Court, United States Courts of

17

Appeal, United States District Courts and United States Bankruptcy Courts who reside in the State

18

of Rhode Island.

 

1

     (b)(1) No state agency, county agency or municipal agency shall publicly post or display

2

the personal information of any protected individual without first obtaining the written permission

3

of that individual.

4

     (2) Each protected individual may file a written notice of their status as a protected

5

individual, for themselves and immediate family with any state, county, or municipal agency

6

requesting each state, county, or municipal agency to mark as confidential the protected

7

individual’s or immediate family member’s personal information.

8

     (3) Upon receipt of a written request in accordance with this section, the state, county, or

9

municipal agency shall remove the protected individual’s or immediate family member’s personal

10

information from publicly available content within seventy-two (72) hours; and further, shall not

11

publicly post or display the personal information of any protected individual or immediate family

12

member without first obtaining written permission from the protected individual.

13

     (4) This subsection (b) shall not prohibit the list of delinquent taxpayers published pursuant

14

to § 44-1-34 from containing the name of any protected individual or immediate family member,

15

the type of tax levied, and the amount of the delinquency, including interest and penalty. Addresses,

16

including the city or town and zip code, of any protected individual or immediate family member

17

shall not be disclosed on such list once the division of taxation receives a written notice filed in

18

accordance with subsection (b)(2) of this section.

19

     (c)(1) In accordance with this section, it shall be unlawful for a data aggregator to sell,

20

license, trade, purchase, or otherwise provide or make available for consideration a protected

21

individual’s or immediate family member’s personal information.

22

     (2) Each protected individual may file a written notice of their status as a protected

23

individual, for themselves and immediate family, to any person, data aggregator, business, or

24

association, requesting the person, data aggregator, business, or association mark as confidential

25

the protected individual’s or immediate family member’s personal information.

26

     (3) In accordance with this section, upon receipt of a written request submitted by the

27

protected individual, either directly or through an agent, to the person, data aggregator, business,

28

or association, the person, data aggregator, business, or association shall remove the protected

29

individual’s or immediate family member’s personal information from publicly available content

30

within seventy-two (72) hours; and further, shall not in the future publicly post or display the

31

personal information of any protected individual or immediate family member without first

32

obtaining written permission from the protected individual.

33

     (4) After receiving a protected individual’s written request, a person, data aggregator,

34

business, or association shall ensure that the protected individual’s or the immediate family

 

LC001481/SUB A/2 - Page 2 of 4

1

member’s personal information is not made available on any website or subsidiary website under

2

their control controlled by that data aggregator, person, business, or association.

3

     (5) After receiving a protected individual’s written request, no person, data aggregator,

4

business or association shall transfer the judge's or an immediate family member's personally

5

identifiable information to any other person, business, or association through any medium.

6

     (6) A protected individual, or their immediate family member, whose personally

7

identifiable information is made public as a result of a violation of this section may bring an action

8

seeking injunctive or declaratory relief in any court of competent jurisdiction within the State of

9

Rhode Island. If the court grants injunctive or declaratory relief, the person, business, or association

10

responsible for the violation shall be required to pay the individual’s costs and reasonable attorneys'

11

fees.

12

     SECTION 2. This act shall take effect upon passage.

========

LC001481/SUB A/2

========

 

LC001481/SUB A/2 - Page 3 of 4

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.

========

LC001481/SUB A/2

========

 

LC001481/SUB A/2 - Page 4 of 4