HB199: HB199 Courts; protection of personally identifiable information of judges and their spouses; modify provisions

25 HB 199/AP House Bill 199 (AS PASSED HOUSE AND SENATE) By: Representatives Kelley of the 16th, Reeves of the 99th, Gullett of the 19th, Gunter of the 8th, Park of the 107th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 15 the Official Code of Georgia Ann otated, relating to1 administration of courts of record generally, so as to modify provisions related to protection2 of personally identifiable information of judges and their spouses; to abolish the requirement3 for the Administrative Office of the Courts to maintain a data base of protected persons and4 information; to provide for a state-wide form to be used by protected persons seeking to have5 information restricted from public disclosure; to require state and local governments to6 restrict from public disclosure personally identifiable informa tion when requested by a7 protected person; to provide procedures for such requests; to revise definitions; to provide8 for related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 5 of Title 15 the Official Code of Georgia Annotated, relating to administration of12 courts of record generally, is amended by revising Article 8, r elating to protection of13 personally identifiable data of judges and spouses, as follows:14 H. B. 199 - 1 - 25 HB 199/AP "ARTICLE 815 15-5-110.16 As used in this article, the term:17 (1) 'Personally identifiable information' means any phone numb er or address18 affirmatively identified by a protected person for inclusion in the data base established19 and maintained pursuant to Code Section 15-5-111 personal phone number, home20 address, or property or tax records of a protected person.21 (2) 'Protected person' means any current or former:22 (A) Judge Elected or appointed judge or justice of this state and his or her spouse;23 (B) Judge Elected or appointed judge of any county or municipality of this state and24 his or her spouse; and25 (C) Judge Appointed judge or justice of the United States and his or her spouse.26 (3) 'Public posting or display' means to communicate informati on or otherwise make27 information available to the general public.28 (4)(3) 'Publicly available content' means any written or electronic document or record29 that provides information or that serves as a document or record maintained, controlled,30 or in the possession of a state or local government entity that may be obtained by any31 person from the internet state or local government entity's public website or from such32 state or local government agency upon request whether free of charge or for a fee.33 (5)(4) 'State or local government entity' means any:34 (A) Agency of the executive branch of this state; or35 (B) Any local governing authority of a county or municipality of this state, including,36 but not limited to, any county or municipal court clerk's office, board of elections, board37 of tax assessors, or board of ethics.38 H. B. 199 - 2 - 25 HB 199/AP 15-5-111.39 The Administrative Office of the Courts shall:40 (1) Establish a method for obtaining information from the Administrative Office of the41 United States Courts as necessary for purposes of this article;42 (2) Develop a form for a protected person to use when requesti ng the restriction from43 public disclosure of personally identifiable information pursua nt to this article. Such44 form may include a process for verification of the election or appointment of such person45 as a judge or justice of this state or the United States or ver ification of such person's46 status as the spouse of a person serving as a judge or justice of this state or the United47 States Establish and maintain a data base of protected persons and personally identifiable48 information;49 (3) Make the form provided for in paragraph (2) of this Code s ection available to50 protected persons on its public website Develop and manage a process to regularly51 identify each state or local government entity that possesses p ersonally identifiable52 information; and53 (4) Establish a procedure for protected persons to submit phone numbers and addresses54 for inclusion in a data base as personally identifiable informa tion to be restricted from55 publicly available content and public posting or display; and56 (5)(4) Coordinate statewide state-wide training and information sharing related to57 security procedure and practices relative to the judicial branch of government.58 15-5-112.59 (a) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,60 a state or local government entity shall restrict from public d isclosure any personally61 identifiable information that specifically identifies a protected person as a judge, justice,62 or spouse thereof. The provisions of this subsection shall include, but shall not be limited63 to, records or filings in the office of the Secretary of State and the State Ethics64 H. B. 199 - 3 - 25 HB 199/AP Commission. Within 30 days of receipt of written notice that a judge or j ustice of the65 United States, this state, or any county or municipality of thi s state has been elected or66 appointed, the Administrative Office of the Courts shall provide written notice to each state67 or local government entity determined by the Administrative Off i c e o f t h e C o u r t s t o68 possess personally identifiable information that directs such entity to restrict access to such69 personally identifiable information pursuant to subsection (c) of this Code section.70 (b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,71 a state or local government entity that possesses records, filings, or other publicly available72 content that does not specifically identify a person as a judge, justice, or spouse thereof but73 that includes personally identifiable information of such a pro tected person shall, upon74 request of the protected person, restrict from public disclosure any personally identifiable75 information. A protected person may request that his or her pe rsonally identifiable76 information be restricted from public disclosure pursuant to this subsection by submitting77 a request in writing to the state or local government entity on the form provided for in Code78 Section 15-5-111. A state or local government entity receiving such request shall restrict79 from public disclosure the personally identifiable information within 30 days of receiving80 a valid request. Within 30 days of recei pt of written notice that a judge or j ustice of the81 United States, this state, or any county or municipality of thi s state has resigned, retired,82 or been removed, the Administrative Office of the Courts shall provide written notice to83 each state or local government entity determined by the Administrative Office of the Courts84 to possess personally identifiable information that informs such entity that the restriction85 required pursuant to subsection (c) of this Code section is no longer applicable.86 (c) Notwithstanding Article 4 of Chapter 18 of Title 50 to the contrary, within 30 days of87 receipt of written notice from the Administrative Office of the Courts pursuant to88 subsection (a) of this Code section, a state or local government entity that has received such89 notice shall restrict personally identifiable information from publicly available content and90 public posting or display unless such entity has:91 H. B. 199 - 4 - 25 HB 199/AP (1) Obtained written consent from the protected person that his or her phone number and92 address may be made available to the general public; or93 (2) Received notice pursuant to subsection (b) of this Code section that a judge or justice94 of the United States, this state, or any county or municipality thereof has resigned, retired,95 or been removed.96 (d)(c) Any protected person may bring an action in a court of compet ent jurisdiction97 against any officer or employee of the state or local governmen t entity in his or her98 individual capacity for failure to comply with subsection (c) (a) or (b) of this Code section. 99 Any relief granted by such action shall be limited to injunctive relief."100 SECTION 2.101 All laws and parts of laws in conflict with this Act are repealed.102 H. B. 199 - 5 -