H 342 — An act relating to protecting the personal information of certain public servants

BILL AS PASSED BY THE HOUSE H.342 Page 6 of 29 (15) “Public defender” means the Defender General, Deputy Defender General, public defenders, or deputy public defenders that provide legal services to persons in need as set forth in 13 V.S.A.

chapter 163.

(b) Nondisclosure of protected information.

(1) A covered person or an authorized agent of the covered person has the right through this section to send a notice to a data broker requesting that the data broker cease disclosure or redisclosure of the covered person’s protected information.

(2) Upon a data broker receiving physical or electronic notice from a covered person, or an authorized agent of the covered person, requesting that the data broker cease disclosing or redisclosing protected information of the covered person, the data broker shall cease disclosing the protected information not later than 10 days after receipt of the notice and shall not disclose or redisclose the protected information after that time.

(3) The notice as set forth in subdivision (2) of this subsection shall be in a form provided by the Secretary of State, except that no prior verification of a covered person’s or authorized agent’s status shall be required for the notice.

The Secretary of State shall publish the form of notice not later than 90 days after July 1, 2025, provided that until such form is published, covered persons and their authorized agents may use their own form of written notice that references this section, identifies the sender as a covered person or an BILL AS PASSED BY THE HOUSE H.342 Page 7 of 29 authorized agent acting on behalf of a covered person, and requests that the data broker cease disclosure of the covered person’s protected information.

(4) A data broker that receives a notice from a covered person or the authorized agent of the covered person pursuant to subdivision (2) of this subsection that discloses or rediscloses the covered person’s protected information more than 10 business days after receiving the notice is in violation of this section and shall be subject to the following penalties in a civil action brought in Superior Court by the covered person or the covered person’s assignee:

(A) damages, calculated as the greater of actual damages or liquidated damages computed at the rate of $1,000.00 for each violation of this section;

(B) punitive damages upon proof of willful or reckless disregard of the law;

(C) reasonable attorney’s fees and other litigation costs reasonably incurred;

and (D) any other preliminary and equitable relief as the court determines to be appropriate.

(5) In any judicial proceeding pursuant to subdivision (4) of this subsection, the standard of fault shall be ordinary negligence.

It shall not be a defense to liability in a judicial proceeding that the covered person’s protected BILL AS PASSED BY THE HOUSE H.342 Page 8 of 29 information is or was available to the public from other sources, on the internet or otherwise, or available by inspection of public records.

(6) A covered person or an authorized agent accessing a data broker’s website or other public application for the purpose of determining whether the covered person’s protected information is being disclosed shall not, as a result of such access, be deemed to have agreed on behalf of the covered person to any website terms and conditions with respect to the covered person’s rights under this section.

(7) A disclosure of protected information shall not constitute a violation of this section if the disclosure:

(A) is made with the express authorization of the covered person, provided that the authorization is provided subsequent to the relevant nondisclosure request;

or (B) is for the sole purpose of facilitating a transaction initiated by the covered person.

Sec.

3.

EFFECTIVE DATE This act shall take effect on July 1, 2025.

Sec.

1.

FINDINGS AND PURPOSE (a) The General Assembly finds that Vermont’s judges, prosecutors, law enforcement officers, and other public servants play an essential role in the functioning of the government of the State of Vermont and that the nature of BILL AS PASSED BY THE HOUSE H.342 Page 9 of 29 their official duties regularly places them in danger of death, serious physical injury, and other reprisals from members of the public.

(b) Violence to and intimidation of such public servants and their families is on the rise and public access to the personal information of these individuals can be and has been used to facilitate violence and intimidation.

The personal information of these individuals is of negligible value to the public interest or public discourse.

(c) Accordingly, the provisions of this act are both necessary and appropriate to protect the privacy, safety, and security of public servants and to prevent interference in the administration of justice and the operation of government in the State of Vermont.

Sec.

2.

9 V.S.A.

chapter 62 is amended to read:

CHAPTER 62.

PROTECTION OF PERSONAL INFORMATION * * * Subchapter 5.

Data Brokers * * * § 2448.

NONDISCLOSURE OF CERTAIN PUBLIC SERVANT PERSONAL INFORMATION (a) Definitions.

As used in this section:

BILL AS PASSED BY THE HOUSE H.342 Page 10 of 29 (1) “Assignee” means a person or entity to whom a covered person’s right to bring a civil action for a violation of this section has been assigned by the covered person or their authorized agent.

(2) “Authorized agent” means any of the following persons or entities authorized to submit or revoke a request for the redaction or nondisclosure of protected information on behalf of a covered person and to engage in communications and enforcement related to the request:

(A) a designated trustee or other agent pursuant to a written power of attorney or other legal instrument on behalf of any covered person who is physically or mentally incapacitated;

(B) a parent or legal guardian on behalf of any child who is a minor and who is otherwise entitled to address redaction or nondisclosure pursuant to this section;

and (C) a person or entity who has been appointed pursuant to a notarized document by a covered person to act for the covered person for the submission or revocation of requests for redaction or nondisclosure of protected information.

(3) “Covered person” means any of the following individuals:

(A) active or former judges, law enforcement officers, federal law enforcement officers, prosecutors, public defenders, parole and probation officers, and members of the Vermont Parole Board;

BILL AS PASSED BY THE HOUSE H.342 Page 11 of 29 (B) employees of:

(i) the Family Services Division of the Department for Children and Families;

(ii) the Vermont Human Rights Commission;

(iii) the Department of Corrections;

(iv) the Department of Public Safety, including the Vermont State Police;

(v) the Department of State’s Attorneys and Sheriffs;

and (vi) all courts in the State;

(C) investigators, victim advocates, mental health crisis workers, and embedded crisis specialists that are employed or work on a contract basis for any of the entities listed in subdivision (3)(B) of this subsection;

and (D) the immediate family of individuals identified in subdivisions (A)–(C) of this subdivision (3).

(4) “Data broker” has the same meaning as set forth in section 2430 of this title.

As used in this section, “data broker” shall exclude governmental agencies and their representatives acting in their official capacities.

(5) “Disclose,” “disclosing,” or “disclosure” means to solicit, sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, post, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, or include within a searchable list or database, regardless of whether any person has BILL AS PASSED BY THE HOUSE H.342 Page 12 of 29 actually searched the list or database.

“Disclose” does not include an organization maintaining protected information completely inaccessible and unviewable to any person outside of the organization.

(6) “Federal law enforcement officer” has the same meaning as in 18 U.S.C.

§ 115(c)(1) but is limited to those individuals who work or reside in Vermont.

(7) “Home address” means a partial or complete street address or other information that reveals a home’s location, including tax parcel ID, legal property description, or geographic coordinates.

(8) “Home telephone number” means any telephone number used primarily for personal communications, including a landline or cellular telephone number.

(9) “Immediate family” has the same meaning as in 3 V.S.A.

§ 1201.

(10) “Judge” means any justice, judge, or magistrate of a State court or of a federal court located in Vermont, or any person who serves as a judge, justice, or magistrate in another state who maintains a home address in Vermont.

(11) “Law enforcement officer” has the same meaning as in 20 V.S.A.

§ 2351a.

(12) “Parole and probation officer” means:

BILL AS PASSED BY THE HOUSE H.342 Page 13 of 29 (A) a corrections services specialist employed by the Department of Corrections;

or (B) a parole or probation officer employed by a Vermont county or municipality.

(13) “Prosecutor” means a Vermont State’s Attorney or Deputy State’s Attorney, the Attorney General or an Assistant Attorney General, or a U.S.

Attorney or an Assistant U.S.

Attorney who works in Vermont.

(14) “Protected information” means a covered person’s:

(A) home address, including primary residence and any secondary residences;

(B) home telephone number;

(C) personal email address;

(D) Social Security number or driver’s license number;

and (E) license plate number or other unique identifiers of a vehicle owned, leased, or regularly used by a covered person.

(15) “Public defender” means the Defender General, Deputy Defender General, public defenders, or deputy public defenders who provide legal services to persons in need as set forth in 13 V.S.A.

chapter 163.

(b) Nondisclosure of protected information.

(1) A covered person or an authorized agent of the covered person has the right through this section to send a notice to a data broker requesting that BILL AS PASSED BY THE HOUSE H.342 Page 14 of 29 the data broker cease disclosure or redisclosure of the covered person’s protected information.

(2) Upon a data broker receiving physical or electronic notice from a covered person, or an authorized agent of the covered person, requesting that the data broker cease disclosing or redisclosing protected information of the covered person, the data broker shall cease disclosing the protected information not later than 15 days after receipt of the notice and shall not disclose or redisclose the protected information after that time.

(3) The notice as set forth in subdivision (2) of this subsection shall be in a form provided by the Secretary of State, except that no prior verification of a covered person’s or authorized agent’s status shall be required for the notice.

The Secretary of State shall publish the form of notice not later than 90 days after July 1, 2025, provided that until such form is published, covered persons and their authorized agents may use their own form of written notice that references this section, identifies the sender as a covered person or an authorized agent acting on behalf of a covered person, and requests that the data broker cease disclosure of the covered person’s protected information.

(c) Remedies.

(1) A data broker that receives a notice from a covered person or the authorized agent of the covered person pursuant to subdivision (b)(2) of this BILL AS PASSED BY THE HOUSE H.342 Page 15 of 29 section that discloses or rediscloses the covered person’s protected information more than:

(A) 15 days after receiving the notice is in violation of this section and shall be subject to an injunction in a civil action brought in Superior Court by the covered person or the covered person’s assignee;

or (B) 30 days after receiving the notice is in violation of this section and shall be subject to the following remedies in a civil action brought in Superior Court by the covered person or the covered person’s assignee:

(i) damages, calculated as the greater of actual damages or liquidated damages computed at the rate of $1,000.00 for each violation of this section;

(ii) punitive damages upon proof of willful or reckless disregard of the law;

(iii) reasonable attorney’s fees and other litigation costs reasonably incurred;

and (iv) any other preliminary and equitable relief as the court determines to be appropriate.

(2) In any judicial proceeding pursuant to subdivision (1) of this subsection, the standard of fault shall be ordinary negligence.

It shall not be a defense to liability in a judicial proceeding that the covered person’s protected BILL AS PASSED BY THE HOUSE H.342 Page 16 of 29 information is or was available to the public from other sources, on the internet or otherwise, or available by inspection of public records.

(d) Accessing information.

A covered person or an authorized agent accessing a data broker’s website or other public application for the purpose of determining whether the covered person’s protected information is being disclosed shall not, as a result of such access, be deemed to have agreed on behalf of the covered person to any website terms and conditions with respect to the covered person’s rights under this section.

(e) Limitations.

(1) A disclosure of protected information shall not constitute a violation of this section if the disclosure is:

(A) made with the express authorization of the covered person, provided that the authorization is provided subsequent to the relevant nondisclosure request;

or (B) for the sole purpose of facilitating a transaction initiated by the covered person.

(2) This section does not apply to a data broker in a disclosure pursuant to subdivision (1) of this subsection.

(3) Nothing in this section shall be construed as prohibiting an employer from providing employee information to the Vermont Labor Relations Board or to employee organizations that is required under Vermont law.

BILL AS PASSED BY THE HOUSE H.342 Page 17 of 29 (4) Nothing in this section shall be construed to require a data broker to delete protected information.

Sec.

3.

DELAYED START FOR CERTAIN REMEDIES The remedies provided to a covered person pursuant to 9 V.S.A.

§ 2448(c)(1)(B) shall take effect on January 1, 2026.

Sec.

4.

EFFECTIVE DATE This act shall take effect on July 1, 2025.

Sec.

1.

FINDINGS AND PURPOSE (a) The General Assembly finds that Vermont’s judges, prosecutors, law enforcement officers, and other public servants play an essential role in the functioning of the government of the State of Vermont and that the nature of their official duties regularly places them in danger of death, serious physical injury, and other reprisals from members of the public.

(b) Violence to and intimidation of such public servants and their families is on the rise and public access to the personal information of these individuals can be and has been used to facilitate violence and intimidation.

The personal information of these individuals is of negligible value to the public interest or public discourse.

(c) Accordingly, the provisions of this act are both necessary and appropriate to protect the privacy, safety, and security of public servants and BILL AS PASSED BY THE HOUSE H.342 Page 18 of 29 to prevent interference in the administration of justice and the operation of government in the State of Vermont.

Sec.

2.

9 V.S.A.

chapter 62 is amended to read:

CHAPTER 62.

PROTECTION OF PERSONAL INFORMATION * * * Subchapter 5.

Data Brokers * * * § 2448.

NONDISCLOSURE OF CERTAIN PUBLIC SERVANT PERSONAL INFORMATION (a) Definitions.

As used in this section:

and BILL AS PASSED BY THE HOUSE H.342 Page 19 of 29 (C) a person or entity who has been appointed pursuant to a notarized document by a covered person to act for the covered person for the submission VT LEG #382273 v.1 AS PASSED BY HOUSE H.342 Page 3 of 13 or revocation of requests for redaction or nondisclosure of protected information.

BILL AS PASSED BY THE HOUSE H.342 Page 20 of 29 (B) “Covered person” also includes the immediate family of individuals identified in subdivisions (A)(i)–(iii) of this subdivision (a)(2).

VT LEG #382273 v.1 AS PASSED BY HOUSE H.342 Page 4 of 13 (3) “Data broker” has the same meaning as set forth in section 2430 of this title.

§§ 115(c)(1) 115(c)(1) but is limited to those individuals who work or reside in Vermont.

BILL AS PASSED BY THE HOUSE H.342 Page 21 of 29 (8) “Immediate family” has the same meaning as in 3 V.S.A.

VT LEG #382273 v.1 AS PASSED BY HOUSE H.342 Page 5 of 13 (9) “Judge” means any justice, judge, or magistrate of a State court or of a federal court located in Vermont, or any person who serves as a judge, justice, or magistrate in another state who maintains a home address in Vermont.

§§ 2351a. 2351a.

and VTBILL LEG #382273 v.1 AS PASSED BY THE HOUSE H.342 Page 622 of 1329 (E) license plate number or other unique identifiers of a vehicle owned, leased, or regularly used by a covered person.

VTBILL LEG #382273 v.1 AS PASSED BY THE HOUSE H.342 Page 723 of 1329 (B) no prior verification of a covered person’s or authorized agent’s status shall be required for the notice;

(C) The Attorney General shall create a form on its website where a covered person or an authorized agent of the covered person is able to provide VTBILL LEG #382273 v.1 AS PASSED BY THE HOUSE H.342 Page 824 of 1329 notice to the Attorney General that more than 15 days have passed since the covered person or an authorized agent of the covered person submitted a notice to a data broker pursuant to subdivision (b)(2) of this section and that the data broker continues to disclose or has redisclosed the covered person’s protected information.

VTBILL LEG #382273 v.1 AS PASSED BY THE HOUSE H.342 Page 925 of 1329 (ii) punitive damages upon proof of willful or reckless disregard of the law;

It shall not be a defense to liability in a judicial proceeding that the covered person’s protected VTBILL LEG #382273 v.1 AS PASSED BY THE HOUSE H.342 Page 1026 of 1329 information is or was available to the public from other sources, on the internet or otherwise, or available by inspection of public records.

VTBILL LEG #382273 v.1 AS PASSED BY THE HOUSE H.342 Page 1127 of 1329 (4) Nothing in this section shall be construed to require a data broker to delete protected information.

§§ 2448(b)(3) 2448(b)(3) not later than 90 days after July 1, 2025, provided that until such form is published, covered persons and their authorized agents may use their own form of written notice that:

The Agency of Digital Services, in consultation with the Agency of Administration, the Office of the Secretary of State, the Office of the Attorney General, and with other State agencies as requested by the Agency, shall conduct a study to determine the various considerations and impacts on State public agencies if public agencies were required to conform VTto LEGthe #382273BILL v.1 AS PASSED BY THE HOUSE H.342 Page 1228 of 1329 to the disclosure policies set forth in this act.

VTBILL LEG #382273 v.1 AS PASSED BY THE HOUSE H.342 Page 1329 of 1329 (b) Report.

§§ 2448(c)(2) 2448(c)(2) shall take effect on January 1, 2026.

VT LEG #382273 v.1