SB 470 — Limiting release of certain personal information maintained by state agencies

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Eng.COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

Com.NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 470 History OTHER VERSIONS  —  Committee Substitute (2)  |  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:

Sub.Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Com.Committee Substitute for Senate Bill 470 By Senators Woelfel, Ihlenfeld, Rucker, Lindsay, Caputo, Romano, and Woodrum [Passed April 10, 2021;

Sub.in effect 90 days from passage]     AN ACT to amend and reenact §5A-8-21 and §5A-8-22 of the Code of West Virginia, 1931, as amended;

forand Senateto Billamend 470—Asaid Billcode toby amendadding andthereto reenacta §5A-8-21new andsection, §5A-8-22designated of§5A-8-24, theall Coderelating ofto Westcertain Virginia,disclosures 1931,of ascertain amended;personal information;

and to amend said code by adding thereto a new section, designated §5A-8-24, all relating certain disclosures of certain personal information;

 Be  it  enacted Adoptedby Rejectedthe  Legislature  of West Virginia:

ARTICLE 5A.

DEPARTMENT OF ADMINISTRATION.

 §5A-8-21.

Limitation on release of certain personal information maintained by state agencies and entities regarding state employees.

(a) The following personal information maintained by executive, legislative, or judicial branch agencies of the State of West Virginia regarding persons in their capacity as state officers, employees, retirees, or the legal dependents thereof is hereby deemed to be confidential and exempt from disclosure, as an unreasonable invasion of privacy, to non-governmental entities in documents otherwise subject to disclosure under the provisions of §29B-1-1 et seq.

of this code:

(1) An individual’s home address;

(2) An individual’s Social Security number;

(3) An individual’s credit or debit card numbers;

(4) An individual’s driver’s license identification number;

and (5) An individual’s marital status or former legal name.

(b) It is the policy of the State of West Virginia that the information enumerated in subsection (a) of this section is personal and confidential and should only be released to non-governmental entities for such purposes as are authorized by federal law or regulation, a provision of this code, or a legislative rule promulgated pursuant to the provisions of §29A-1-1 et seq.

of this code.

§5A-8-22.  Personal information maintained by state entities.

(a) The following information maintained by state executive branch agencies with respect to individuals and their dependents is personal information exempted from disclosure as an unreasonable invasion of privacy under the provisions of §29B-1-1 et seq.

of this code, and may not be released to non-governmental entities:

(1) An individual’s Social Security number;

or (2) An individual’s credit or debit card number.

(b) Notwithstanding the provisions of subsection (a) of this section, the information enumerated in said subsection may be released for such purposes as are authorized by federal law or regulation, a provision of this code, or a legislative rule promulgated pursuant to the provisions of §29A-1-1 et seq.

§5A-8-24.  Protection of personal information relating to judicial officers, prosecutors, and law-enforcement officers.

(a) This section shall be known as Daniel’s Law.

(b) This act shall be liberally construed in order to accomplish its purpose and the public policy of this state, which is to enhance the safety and security of certain public officials in the justice system, including judicial officers, prosecutors, federal and state public defenders, federal and state assistant public defenders, and law-enforcement officers, who serve or have served the citizens of West Virginia, and the immediate family members of these individuals, to foster the ability of these public servants who perform critical roles in the justice system, and to carry out their official duties without fear of personal reprisal from affected individuals related to the performance of their public functions.

(c) Definitions.

— As used in this section:

(1) “Disclose” means to publish, publicly display, distribute, deliver, circulate, post, lend, provide, advertise, or disseminate by any means including, but not limited to, electronic transmission and on any medium including, but not limited to, the Internet.

(2) “Immediate family member” means spouse, child, parent, or any other family member related by blood or by law to the judicial officer, prosecutor, or law-enforcement officer, and who resides in the same residence as the judicial officer, prosecutor, federal or state public defenders, federal or state assistant public defenders, or law-enforcement officer.

(3) “Judicial officer” means the chief justice or an associate justice of the United States Supreme Court, a judge of the United States Court of Appeals, a judge of a federal district court, a magistrate judge of a federal district court, any other judge for a court established by federal law, the chief justice or a justice of the Supreme Court of Appeals of West Virginia, a circuit judge, a family law judge, a magistrate, an administrative law judge, a municipal court judge, or any other judge established by state law.

(4) “Law-enforcement officer” shall have the same definition as that term is defined in §29B-1-2 of this code.

(5) “Prosecutor” means United States Attorney or his or her assistant United States attorneys, any other prosecutor established by federal law, the Attorney General of the State of West Virginia or his or her assistant attorneys general, a county prosecuting attorney or his or her assistant prosecuting attorneys, or any other prosecutor established by state law.

(d) Unless written permission is first obtained from the individual, a state or local government agency shall not knowingly disclose, redisclose, or otherwise make available the home address or unpublished home or personal telephone number of any active, formerly active, or retired judicial officer, prosecutor, federal or state public defenders, federal or state assistant public defenders, or law-enforcement officer.

(e) Unless written permission is first obtained from the individual, a person, business, or association shall not disclose, redisclose, or otherwise make available the home address or unpublished home or personal telephone number of any active, formerly active, or retired judicial officer, prosecutor, federal or state public defender, federal or state assistant public defender, or law-enforcement officer under circumstances in which a reasonable person would believe that providing such information would expose another to harassment or risk of harm to life or property.