Public Records

Plain English Breakdown

The bill specifies a fine of only $500 per offense and does not mention the possibility of additional fines or penalties for repeat offenses.

Restrictions on Using Personal Information from Public Records

This bill makes it illegal to use personal identifying information obtained through open records requests for commercial purposes and requires individuals requesting such information to sign an affidavit stating they will not misuse the data.

What This Bill Does

• Makes it a crime to use or sell someone's personal identifying information, like addresses and social security numbers, that was given by a government entity in response to an open records request for commercial purposes.
• Requires anyone requesting public records containing personal identifying information to sign an affidavit stating they will not use the data for commercial purposes.

Who It Names or Affects

• People who ask for public records containing personal identifying information must sign an affidavit about how they will use the data.
• Anyone found guilty of using or selling someone's personal identifying information from government records faces a fine of up to $500 per individual whose information is misused.

Terms To Know

Governmental entity

This includes the state, counties, cities, and other parts of Tennessee that are run by the government.

Personal identifying information

Includes home and work addresses, phone numbers, and social security numbers.

Limits and Unknowns

• The bill does not specify what happens if someone breaks this law multiple times.
• It is unclear how the government will enforce these rules or punish violators beyond the initial fine of $500 per individual whose information is misused.

Official Summary Text

Present law describes what records kept by public entities must be kept confidential and what records must be made open to inspection by members of the public. This bill makes it an offense for a person to use an individual's personal identifying inform
ation obtained from a governmental entity pursuant to an open records request with the intent to use or sell such information for commercial use. The person seeking to inspect public records must sign an affidavit declaring that the information received
wi
ll not be used or sold by the person for commercial purposes.

This bill provides that a violation of this bill is a Class B misdemeanor, punishable only by a fine of $500, and that it is a separate offense for every individual whose information is used for commercial purposes. However, this bill clarifies that its
provisions do not limit the use of an individual's personal identifying information for commercial purposes if the individual has expressly authorized the use of such information.

Current Bill Text

SENATE BILL 1689
By Briggs

HOUSE BILL 1831
By Russell
HB1831
010692
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 5; Title 6; Title 7; Title 10, Chapter 7, Part 5;
Title 12; Title 37, Chapter 2, Part 4; Title 39; Title
47, Chapter 18, Part 33; Title 49, Chapter 7, Part
8; Title 55, Chapter 25; Title 62, Chapter 36; Title
63, Chapter 10, Part 4; Title 66, Chapter 29, Part 1
and Title 68, Chapter 18, Part 2, relative to public
records.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 10-7-504, is amended by adding the
following as a new subsection:
( )
(1) As used in this subsection ( ), unless the context otherwise requires:
(A) "Governmental entity" means this state and any county,
municipality, city, or other political subdivision of this state; and
(B) "Personal identifying information" means a person's home and
work addresses, telephone numbers, and social security number.
(2)
(A) Notwithstanding this part to the contrary and in addition to the
protections established under the Tennessee Information Protection Act,
compiled in title 47, chapter 18, part 33, it is an offense for a person to
use an individual's personal identifying information obtained from a
governmental entity pursuant to this part with the intent to use or sell such
information for commercial use.
(B) Upon the person presenting valid evidence of identification to
the governmental entity or the entity's designee, the person shall sign an

- 2 - 010692

affidavit, prescribed by the office of open records counsel, containing the
person's name, signature, and any other information deemed necessary
by the office of open records counsel stating that the information received
will not be used or sold by the person for commercial purposes.
(C)
(i) A violation of subdivision ( )(2)(A) is a Class B
misdemeanor, punishable only by a fine of five hundred dollars
($500).
(ii) It is a separate offense for every individual whose
personal identifying information is used by the person for
commercial purposes in violation of this subsection ( ).
(3) This section does not limit the use of an individual's personal
identifying information for commercial purposes under this subsection ( ) if the
individual expressly authorizes the use of such information.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.