Establishes "Privacy Protection Act"; concerns collection and sharing of certain personal information.
What changed between versions
New definition of 'judicial order' added: an order issued by a federal Article III judge or magistrate judge, or the State equivalent. This replaces references to 'subpoena, valid court order' throughout the bill with just 'judicial order,' effectively removing subpoenas as a standalone legal mechanism for compelling disclosure.
New definition of 'patient' added: includes a patient, resident, client, or any term used by a health care facility to refer to individuals receiving care, including those being screened or assessed. This broadens who is protected under the health care facility provisions.
Section 4 (government entity prohibition) now applies to information obtained from 'an individual or a non-governmental entity' rather than just an individual, and adds 'or as otherwise required by State law' as an additional exception to the collection ban.
Section 6 (health care facilities) replaces all references to 'person' with 'patient,' leveraging the new broader definition. This extends protections to individuals who are being screened or assessed for care, not just those already receiving treatment.
Section 8 (MVC records) adds 'except as otherwise provided by subsection g. of this section' to the disclosure restrictions, and removes subpoenas from the list of valid legal mechanisms, replacing them with 'judicial warrant, or valid judicial order.'
The Open Public Records Act exemption in Section 5 is narrowed from covering all records 'concerning a person' to only those 'relating to a person's immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number.' This means other personal data collected by government entities remains subject to OPRA.
The written consent requirement in Section 5(c) removes the 'in the person's language of choice' mandate and instead allows a government entity to develop and make publicly available a standardized written consent form that constitutes a vital document. The health care facility provision similarly simplifies from requiring multiple translated forms to a single standardized form.
New proviso in Section 5(b) on ALPR data: when shared with another government entity or law enforcement agency, the record or information 'shall not be used for federal civil immigration enforcement purposes.' This is a new restriction not present in the introduced version.
New federal preemption clauses added in Sections 4(b), 5(f), and 6(e) specifically citing 8 U.S.C. s.1373 and 8 U.S.C. s.1644, clarifying that the bill does not restrict actions required by those federal statutes or a judicial order or judicial warrant.
Section 5(d) notice requirement now includes an exception: notice is not required 'where the provision of notice would compromise a criminal investigation.'
Throughout the bill, references to 'to administer, a requested public service' are changed to 'to provide or administer, a public service,' removing the word 'requested' and adding 'provide or' to broaden the scope of permissible information use.
