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2015 SESSION

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HB 1308 Wire, electronic, or oral communications; civil action for unlawful interception, disclosure, etc.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Right to privacy in electronic communications; confidential relationship; civil action. Doubles the amount of liquidated damages that may be recovered against a person who intercepts, discloses, or uses wire, electronic, or oral communications in violation of Virginia's wiretapping law if such communications are between (i) a husband and wife; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice. The bill increases the allowable liquidated damages from $400 a day for each day of violation or $4,000, whichever is higher, to $800 a day or $8,000, whichever is higher.

SUMMARY AS INTRODUCED:

Right to privacy in electronic communications; confidential relationship; penalty; civil action. Provides that any person who without lawful authority intercepts, monitors, examines, or otherwise accesses electronic transmissions of messages, data, signals, or other communications that are not intended for public disclosure from any person to another with whom such person is in a confidential relationship is guilty of a Class 1 misdemeanor. The bill defines a "confidential relationship" as a relationship between (i) a husband and wife; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice. The bill also creates a civil cause of action for the person whose electronic transmissions of messages, data, signals, or other communications have been intercepted, monitored, examined, or otherwise accessed against the person who without lawful authority intercepted, monitored, examined, or otherwise accessed such transmissions and any person who facilitated or allowed such interception, monitoring, examination, or access.