Thursday, July 24, 2008
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Tracking Virginia’s General Assembly
since 2007.
SB823: Social security numbers; penalty for intentionally communicating to general public.
Chief Patron
Sen.
Jeannemarie Devolites Davis (R-34)
Jeannemarie Devolites Davis
(R-34)
Served: 2004–
Progress
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Introduced |
 |
Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Status
Bill is Dead
Summary
Public dissemination of social security numbers. Proscribes under the Personal Information Privacy Act and the Government Data Collection and Dissemination Practices Act the intentional communication to the general public of another's social security number regardless of whether the social security number was obtained from a public record or from a private source. The bill adds a punishment for violation of the Personal Information Privacy Act subjecting a violator to civil penalties of $1,000 per day, with each day being a separate violation.
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Poll Results
2 votes
Tags
Bill Text
Related Bills
Status: assigned to subcommittee
Status: Failed to Pass in Committee
Status: Introduced
Status: Introduced
Comments
I don't think either Patron of SB823 is a lawyer and they haven't gotten very good legal advice it seems.
Paragragh E is specifically negated by COV 2.2-3802 which says "The provisions of this chapter shall NOT apply to personal information systems:
1. Maintained by any court of the Commonwealth;
2. Which may exist in publications of general circulation;..." AND the second part of that bill A 5 is negated by paragragh D. which says "This section shall not apply to ...(ii) records required by law to be open to the public,"
There have been US Supreme Court cases involving this very thing and the First and 14th Amendment rule! She wants Court Clerks to put SSNs online as they are doing now in 59 counties thru their remote systems, but not a private citizen who is publishing some of their records and who just wants to show all legislators how dumb it is to allow records online like Final divorce decrees, mortgages, guardianship papers, judgments, tax liens, etc. which are loaded with SSNs. They are hell bent on having the records online so I am obliging.
The companion bill in the House (HB 2060)was killed by the chief patron. That co-patron was Terry Kilgore who is a lawyer and should know the law.
BJ Ostergren, Founder
The Virginia Watchdog