An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in preliminary provisions, providing for public servant data privacy.

PRINTER'S NO. 1887
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1396
Session of
2026
INTRODUCED BY CAPPELLETTI, COLLETT, COSTA, TARTAGLIONE, HAYWOOD,
KEARNEY, KANE, VOGEL AND SCHWANK, JULY 10, 2026
REFERRED TO LAW AND JUSTICE, JULY 10, 2026
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in preliminary provisions, providing
for public servant data privacy.
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. Definitions.
903. Nondisclosure of protected information.
904. Enforcement.
905. Construction.
§ 901. Scope of chapter.
This chapter provides for public servant data privacy.
§ 902. Definitions.
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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:
"Affiliate." A legal entity that controls, is controlled by,
is under common control or shares common bonding with another
legal entity.
"Assignee." A person or entity to whom a person's right to
bring a civil action for a violation of section 904 (relating to
enforcement) has been assigned, in writing, by the covered
person or the covered person's authorized agent.
"Associated person." An individual connected to a principal
person by one of the following relationships:
(1) A parent, spouse, child or grandchild of a principal
person, whether a minor or adult.
(2) A person sharing a primary residence with a
principal person.
"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:
(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 or 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 the
covered person's behalf with respect to this chapter.
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(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 sells to a third
party the protected information of an individual with whom the
person or entity does not have a direct relationship. The term
does not include a governmental agency or its representatives
acting in an official capacity. The term does not include
journalists, registered lobbyists, citizens acting in good faith
to investigate public officials or the disclosure of information
on matters of public interest lawfully obtained by the person or
entity.
"Home address." A dwelling location at which an individual
resides, including a 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.
"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) Governor;
(2) Lieutenant Governor;
(3) member of the General Assembly; or
(4) judge.
"Protected information." The term includes:
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(1) A full home address, which includes the number,
street, city and zip code of a primary residence or secondary
residence.
(2) A home telephone number.
(3) A Social Security number or driver's license number.
"Publicly available information." As follows:
(1) Information that is made available to the general
public from:
(i) Federal, State or municipal government records;
(ii) widely distributed media, including protected
information intentionally made available by the covered
person to the general public and in which the covered
person does not maintain a reasonable expectation of
privacy; or
(iii) a disclosure that is made to the general
public as required by Federal, State or local law.
(2) The term does not include:
(i) Protected information that is created through
the combination of protected information with publicly
available information.
(ii) Protected information made available by a
covered person on a website or online service open to all
members of the public, for free or for a fee, where the
covered person maintains a reasonable expectation of
privacy by restricting the protected information to a
specific audience.
"Sale of protected information." The exchange, combination,
interchange, exposure or any other provision of access of
protected information for monetary or other valuable
consideration to a third party. The term does not include:
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(1) the disclosure of protected information to a service
provider that processes the protected information on behalf
of the data broker;
(2) the disclosure of protected information to a third
party for purposes of providing a product or service
requested by the covered person;
(3) the disclosure or transfer of protected information
to an affiliate of the data broker;
(4) with the covered person's affirmative consent, the
disclosure of protected information where the covered person
affirmatively directs the data broker to disclose the
protected information or intentionally uses the data broker
to interact with a third party; or
(5) the disclosure of publicly available information.
"Service provider." A person who collects, processes,
retains or transfers personal data on behalf of and at the
direction of a data broker or another service provider.
§ 903. Nondisclosure of protected information.
(a) Prohibition.--A covered person or an authorized agent
seeking to prohibit the sale of protected information of the
covered person by a data broker shall provide written notice to
the data broker referencing this chapter 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),
and not later than 10 business days following physical or
electronic receipt of the notification, a data broker may not
recklessly disclose or redisclose or otherwise make available,
including on a publicly accessible Internet website, the
protected information of the covered person.
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(c) Duration.--Nondisclosure under this section 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 as follows:
(i) for a parent, spouse, child or grandchild of a
principal person, or a person sharing custody of a minor
child with a principal person, for 30 days after the
connection terminates; or
(ii) for an individual sharing a primary residence
with a principal person, for 90 days after the connection
terminates.
§ 904. Enforcement.
(a) Civil liability.--A data broker that violates section
903(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) Time limits.--A civil action under this section must be
commenced within the following periods of limitation:
(1) two years from the date the violation occurred; or
(2) for a continuing violation, within two years from
the last date the violation occurred.
(c) Proceedings.--Proceedings shall be in accordance with
the following:
(1) A party accessing a data broker's website or other
products or services for the purpose of determining 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
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authorized agent or assignee to any website terms and
conditions with respect to the covered person, associated
person or the covered person's or associated person's
assignee's rights under this chapter.
(2) No prior verification of a covered person's status
shall be required for the notice under section 903 to be
effective. In a civil action, it shall be the covered person
or the covered person's authorized agent's burden to prove
status as a covered person by a preponderance of the
evidence.
(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 the covered person's authorized agent, contingent
upon the authorization being provided subsequent to the
relevant nondisclosure request described in section 903; or
(2) for the sole purpose of facilitating a transaction
initiated by the covered person or the covered person's
authorized agent.
(e) Relief.--In a civil action, for violations of section
903, the court shall award:
(1) the greater of actual damages for each violation of
section 903;
(2) punitive damages upon proof of willful or reckless
disregard of the law;
(3) reasonable attorney fees and other litigation costs
reasonably incurred; and
(4) any other preliminary and equitable relief as the
court determines to be appropriate.
§ 905. Construction.
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This chapter shall be liberally construed. Nothing in this
chapter shall preclude:
(1) a covered person from complying with all required
disclosure and filing requirements if the covered person is a
candidate for public office; or
(2) an individual from challenging the residency of a
covered person if the covered person is a candidate for
public office.
Section 2. This act shall take effect immediately.
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