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2003 SESSION

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HB 2426 Posting certain information on the Internet; prohibitions.

Introduced by: Samuel A. Nixon, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Posting certain information on the Internet; prohibitions. Provides that beginning January 1, 2004, no court clerk shall post on a court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. The bill also provides an exception for court clerks providing remote access to their records if their network or system that is used to provide the access has been certified by the Department of Technology Planning. It also requires the Department to establish security standards that must be followed by court clerks providing remote access to records in consultation with circuit court clerks, the Supreme Court, the Compensation Board, users of land and other court records, and other interested citizens. The bill has a July 1, 2005, sunset provision.

SUMMARY AS PASSED:

Posting certain information on the Internet; prohibitions. Provides that beginning January 1, 2004, no court clerk shall post on a court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. The bill also provides an exception for court clerks providing remote access to their records if their network or system that is used to provide the access has been certified by the Department of Technology Planning. It also requires the Department to establish security standards that must be followed by court clerks providing remote access to records in consultation with circuit court clerks, the Supreme Court, the Compensation Board, users of land and other court records, and other interested citizens. The bill has a July 1, 2005, sunset provision.

SUMMARY AS PASSED HOUSE:

Posting certain information on the Internet; prohibitions. Provides that beginning July 1, 2003, no state agency or court clerk shall post on a state agency or court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. Every agency and every court clerk that posts any document on a state agency or court-controlled website may require that any party who files documents in any form with such agency or clerk provide, in addition to the original document, a redacted copy of such documents that excises the information prohibited. Failure to provide such redacted copy shall relieve the agency or court clerk of any liability or responsibility in the event that such information is posted on a state agency or court-controlled website. Each such agency and clerk shall post notice that (i) includes a list of the documents routinely posted on its website, (ii) the information listed shall be redacted from such documents, and (iii) such documents are for informational purposes only. Such notice shall indicate the location of the original document. The bill provides that nothing in this section shall be construed to prohibit access to any original document as provided by law nor shall it apply to posting historical, genealogical, interpretive, or educational documents and information about historic persons and events.

SUMMARY AS INTRODUCED:

Posting certain information on the Internet; prohibitions. Requires every agency and court clerk to assure that any document posted on the Internet for public access not contain the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. Any party who files a document in any form with such agency or clerk shall provide a redacted copy of such documents in addition to an original. Failure to do so relieves the agency or clerk of any liability or responsibility in the event that such information is posted on the Internet. Each agency and clerk is required to post notice that (a) includes a list of the documents routinely posted, (b) the information required to be redacted from documents, and (c) documents are for informational purposes only. Such notice shall indicate the location and accessibility of the official copy of such document.