Nonprofit Member Data Privacy & Public Agencies

With certain exceptions, the bill prohibits a public agency from:

• Requiring any person to provide the public agency with data that may identify a member of a nonprofit entity (member-specific data) or compelling the disclosure of member-specific data;
• Disclosing member-specific data to any person; or
• Requesting or requiring a current or prospective contractor or a current or prospective grantee of a grant program administered by the public agency to provide a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support.

A nonprofit entity or any of its members affected adversely by a public agency's violation of the bill's provisions may initiate a civil action against the public agency in district court for injunctive relief, damages, or such other relief as is appropriate. Notwithstanding existing laws concerning governmental immunity, a court may award damages against a public agency that violates the bill's provisions as follows:

• Not less than $2,500 for each violation; and
• Not less than $7,500 for each intentional violation.

A court may also award the costs of litigation to a complainant that prevails in such an action.

(Note: This summary applies to this bill as introduced.)