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PRIOR PRINTER'S NOS. 2243, 2332 PRINTER'S NO. 2520
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1822
Session of
2025
INTRODUCED BY BRIGGS, McNEILL, HILL-EVANS, OTTEN, HOWARD,
SANCHEZ, BOROWSKI, MAYES, GALLAGHER, D. WILLIAMS, SHUSTERMAN,
BOYD, NEILSON, CURRY AND GREEN, AUGUST 26, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 27, 2025
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for protection of personal
data of certain public servants; imposing duties on data
brokers regarding personal data; and providing for civil and
criminal enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 9
PUBLIC SERVANT DATA PRIVACY
Sec.
901. Scope of chapter.
902. Findings and declarations.
903. Definitions.
904. Nondisclosure of protected information.
905. Enforcement.
906. Construction.
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§ 901. Scope of chapter.
This chapter provides for public servant data privacy.
§ 902. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Judges, lawmakers and other elected and appointed
public servants and their staff play an essential role in the
free and fair functioning of our government. While the nature
of their official duties will undoubtedly draw occasional
disapproval and criticism from members of the public, our
public servants and their families have experienced sharp
increases in recent years in the volume and severity of
intimidating abuse, threats and violent attacks, including
attempted assassinations, some of which have been perpetrated
by malefactors obtaining the home addresses or other unlisted
contact information of their targets.
(2) These threats and attacks create a chilling effect
and constrain how freely our officials interact with the
public, narrows the spectrum of positions they feel safe to
take or support and make them less willing to continue in
public service. This persistent and severe problem is an
affront to the effective functioning of our government and
the rule of law.
(3) Violence against and intimidation of our public
servants and their families is made easier by data brokers
disseminating private information, enabling assailants to
easily compile dossiers on the public officials the
assailants target.
(4) Having personal information easily accessible at the
click of a button provides negligible value to the public and
poses grave danger to our public officials and their
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families.
(5) This chapter is implemented to foster the ability of
these public servants who perform critical governmental roles
to carry out their official duties without fear of personal
reprisal.
§ 903. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assignee." A person or entity to whom a person's right to
bring a civil action for a violation of section 904 (relating to
nondisclosure of protected information) has been assigned, in
writing, by the covered person or their authorized agent.
"Associated person." The following:
(1) An individual connected to a principal person by one
of the following relationships:
(i) A parent, spouse, child or grandchild of a
principal person.
(ii) A person sharing custody of a minor child with
a principal person.
(iii) A person sharing a primary residence with a
principal person.
(2) An individual whose main job duties and
responsibilities include providing direct support to a
principal person in fulfilling the principal person's
obligations to the public.
"Authorized agent." Any of the following persons or entities
authorized to submit or revoke a request for nondisclosure of
protected information on behalf of a covered person and to
engage in communications and enforcement:
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(1) A designated trustee or other agent acting under a
written power of attorney or other legal instrument on behalf
of any covered person who is physically or mentally
incapacitated.
(2) A parent or legal guardian on behalf of any child,
who is a minor, who is otherwise entitled to nondisclosure
under this act.
(3) A person or entity that has been appointed under a
written power of attorney by a covered person to act on their
behalf with respect to this chapter.
(4) An agent acting on behalf of a Federal judge, a
designee of the United States Marshals Service or the clerk
of any United States District Court.
"Covered person." A principal person or associated person.
"Data broker." A person or entity that discloses the
protected information of an individual to a third party. The
term does not include a governmental agency or its
representatives acting in an official capacity.
"Disclose." 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 other person or entity has actually searched the
list or database for the person's information.
"Home address." A dwelling location at which an individual
resides and includes the physical address, mailing address,
street address, parcel identification number, plot
identification number, legal property description, neighborhood
name and lot number, GPS coordinates and any other descriptive
property information that may reveal the home address.
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"Home telephone number." A telephone number used primarily
for personal communications or associated with personal
communications devices, including a landline or cellular number.
"Judge." Any judge, judicial officer or magisterial district
judge, as defined in 42 Pa.C.S. § 102 (relating to definitions).
"Principal person." Any active, formerly active or retired:
(1) judge;
(2) public official as defined in 65 Pa.C.S. § 1102
(relating to definitions); or
(3) person who holds or previously held a Federal
position or a position in this Commonwealth or another state
comparable to those identified in paragraph (1) or (2) and
who has a home address in this Commonwealth.
"Protected information." The term includes:
(1) A home address, including a primary residence or
secondary residences.
(2) A home telephone number.
(3) A personal email address.
(4) A Social Security number or driver's license number.
(5) A license plate number or other unique identifiers
of a vehicle owned, leased or regularly used by the covered
person.
§ 904. Nondisclosure of protected information.
(a) Prohibition.--A covered person or their authorized agent
seeking to prohibit the disclosure by a data broker of protected
information of the covered person shall provide written notice
to the data broker referencing this act and requesting that the
data broker cease the disclosure of the covered person's
protected information, as described in the notice.
(b) Data brokers.--Upon notification under subsection (a),
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and not later than 10 20 business days following physical or
electronic receipt of the notification, a data broker shall not
disclose or redisclose or otherwise make available, including on
a publicly accessible Internet website, the protected
information of the covered person.
(c) Duration.--The nondisclosure shall last for the
following time frames:
(1) A principal person shall receive coverage for life.
(2) An associated person shall receive coverage while
connected to a principal person and for 10 years after the
connection.
§ 905. Enforcement.
(a) Civil liability.--A data broker that violates section
904(b) (relating to nondisclosure of protected information)
shall be liable to the covered person, the covered person's
authorized agent or the covered person's assignee, who may bring
a civil action in the appropriate court of common pleas.
(b) Criminal liability.--In addition to civil liability, a
data broker that violates section 904 recklessly or
intentionally is subject to criminal prosecution as follows:
(1) A reckless violation of section 904 shall be a
misdemeanor of the third degree.
(2) An intentional violation of section 904 shall be a
misdemeanor of the second degree.
(c) Time limits.--
(1) A civil action under this section must be commenced
within the following periods of limitation:
(i) four years from the date the violation occurred;
or
(ii) for a continuing violation, within four years
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from the last date the violation occurred.
(2) A criminal prosecution under this section must be
commenced within the following periods of limitation:
(i) two years from the date the violation occurred;
or
(ii) for a continuing violation, within two years
from the last date the violation occurred.
(B) TIME LIMITS.--A CIVIL ACTION UNDER THIS SECTION MUST BE
COMMENCED WITHIN THE FOLLOWING PERIODS OF LIMITATION:
(1) FOUR YEARS FROM THE DATE THE VIOLATION OCCURRED; OR
(2) FOR A CONTINUING VIOLATION, WITHIN FOUR YEARS FROM
THE LAST DATE THE VIOLATION OCCURRED.
(d) (C) Proceedings.--Proceedings shall be in accordance
with the following:
(1) In a civil judicial proceeding under this chapter,
the standard of fault shall be ordinary negligence.
(2) In a civil or criminal judicial proceeding under
this chapter, it shall not be a defense to liability in the
proceeding that the protected information is or was available
to the public from other sources or available by inspection
of public records.
(1) IN A CIVIL JUDICIAL PROCEEDING UNDER THIS CHAPTER:
(I) THE STANDARD OF FAULT SHALL BE ORDINARY
NEGLIGENCE; AND
(II) IT SHALL NOT BE A DEFENSE TO LIABILITY IN THE
PROCEEDING THAT THE PROTECTED INFORMATION IS OR WAS
AVAILABLE TO THE PUBLIC FROM OTHER SOURCES OR AVAILABLE
BY INSPECTION OF PUBLIC RECORDS.
(3) (2) A party accessing a data broker's website or
other products or services, for the purpose of determining
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whether the covered person's protected information is
disclosed, shall not, as a result of the access, be deemed to
have agreed on behalf of the covered person or the covered
person's authorized agent or assignee to any website terms
and conditions with respect to the covered person, associated
person or the covered person or associated person's
assignee's rights under this chapter.
(4) (3) No prior verification of a covered person's
status shall be required for the notice under section 904 to
be effective. It shall be an affirmative defense to liability
that a person is not a covered person.
(e) (D) Limitation.--A disclosure of protected information
is not a violation of this chapter if the disclosure is:
(1) made with the express authorization of the covered
person or their authorized agent, contingent upon the
authorization being provided subsequent to the relevant
nondisclosure request described in section 904; or
(2) for the sole purpose of facilitating a transaction
initiated by the covered person or their authorized agent.
(f) (E) Relief.--In a civil action, for violations of
section 904, the court shall award:
(1) The greater of actual damages or liquidated damages
computed at the rate of $1,000 for each violation of section
904.
(2) Punitive damages upon proof of willful or reckless
disregard of the law.
(3) Reasonable attorney fees and other litigation costs
reasonably incurred.
(4) Any other preliminary and equitable relief as the
court determines to be appropriate.
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§ 906. Construction.
(a) Liberally construed.--This chapter shall be liberally
construed in order to accomplish its purpose.
(b) Limitation.--Nothing in this chapter shall preclude any
of the following:
(1) A covered person from complying with all required
disclosure and filing requirements if the covered person is a
candidate for public or party office.
(2) An individual from challenging the residency of a
covered person if the covered person is a candidate for
public or party office.
Section 2. This act shall take effect immediately.
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