2025 -- H 5892 SUBSTITUTE A | |
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LC001481/SUB A/2 | |
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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 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. |
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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 |
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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. |
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LC001481/SUB A/2 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- COURT | |
ADMINISTRATION | |
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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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