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H.26

Introduced byRepresentative Wisell of Bristol

Referred to Committee on

Date:

Subject: Commerce and trade; fair credit reporting; personal identifying information

Statement of purpose: This bill proposes to prohibit publishing, in printed or electronic form, personal identifying information without the consent of the individual.

AN ACT RELATING TO PRIVACY OF PERSONAL IDENTIFYING INFORMATION

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 9 V.S.A. § 2480a(5) is added to read:

(5) "Personal identifying information" means any data or information, in any form or medium, that directly identifies an individual or can reasonably identify the individual by reference to publicly available information, and concerning which an individual has a reasonable expectation of privacy. The attorney general shall by rule adopt standards to distinguish and define personal identifying information that is subject to the provisions of this subchapter. Such standards shall permit the publishing of information protected by the First Amendment to the United States Constitution, and Chapter I, Article 13 of the Vermont Constitution.

Sec. 2. 9 V.S.A. § 2480e(d) is added to read:

(d) A person shall not publish, by written, electronic, or other means, any personal identifying information of an individual unless:

(1) the information is published in response to the order of a court having jurisdiction to issue such an order; or

(2) the person has secured the consent of the individual, and the information is used for the purpose consented to by the individual.