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| Topics and Issues | Daniel's Law (8) Public Records (25) |
In December 2022, Congress passed the Daniel Anderl Judicial Security and Privacy Act of 2021. Daniel’s Law was incorporated into H.R. 7776, the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year 2023 (Pub. L. 117-263). The provisions are found in Title LIX (Other Matters), Subtitle D (Judicial Security and Privacy), Secs. 5931 – 5939.
Key provisions:
- A “‘data broker’ means an entity that collects and sells or licenses to third parties the personal information of an individual with whom the entity does not have a direct relationship.” Sec. 5933(3)(A). Excluded from this definition are consumer reporting agencies under the FCRA and financial institutions under GLBA. Sec. 5933(3)(B)(v), (vi).
- “In general – no person, business, or association shall publicly post or publicly display on the internet covered information of an at-risk individual or immediate family member if the at-risk individual has made a written request to that person, business, or association not to disclose or acquire the covered information of the at-risk individual or immediate family member.” Sec. 5934(d)(B)(1)(ii).
- “It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, transfer, or purchase covered information of an at-risk individual or immediate family members.” Sec. 5934(d)(1)(A).
- “No person, business, or association shall publicly post or publicly display on the internet covered information of an at-risk individual or immediate family member” if a request has been made. Sec. 5934(d)(1)(B)(i).
- Upon written request of an at-risk individual…the Director of the Administrative Office of the United States Courts [or, as appropriate, the United States Court of Appeals for Veterans Claims, the United States Court of Appeals for the Armed Forces, and the United States Tax Court] is authorized to make any notice or request required or authorized by this section on behalf of the at-risk individual. The notice or request shall include information necessary to ensure compliance with this section, as determined by the Administrative Office of the United States Courts…Any notice or request made under this subsection shall be deemed to have been made by the at-risk indi19 vidual and comply with the notice and request requirements of this section.” Sec. 5934(b)(2).
- “Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report that includes…(ii) where the judges’ covered information was found; and (iii) the collection of any new types of personal data found to be used to identify judges who have received threats, including prior home addresses, employers, and institutional affiliations such as nonprofit boards.” Sec. 5934(b)(3)(A). State and local government reporting is also required for those states and local governments that receive funds under the Act. Sec. 5934(b)(3)(B).
Additional Resources: