BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1491|
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THIRD READING
Bill No: SB 1491
Author: Kuehl (D)
Amended: 4/18/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/4/06
AYES: Dunn, Ackerman, Escutia, Kuehl
NO VOTE RECORDED: Vacancy
SUBJECT : Domestic violence: personal information
SOURCE : Los Angeles City Attorneys Office
DIGEST : This bill establishes that a victim service
provider, as defined, may not be required to reveal the
personally identifying information of its clients or
potential clients as a part of applying for or receiving
grants or financial assistance for its services. This bill
is designed to apply to entities seeking state or local
funding, since federal laws similarly protect the
personally identifying information of clients for entities
that receive federal funding. This bill permits a victim
service provider that is aggrieved by a violation to seek
an injunction. This bill also awards mandatory attorney's
fees to a prevailing plaintiff if the defendant was given
notice of the asserted violation and did not cease the
violation within five business days.
ANALYSIS : Existing federal law prohibits entities who
receive federal grant funds under the Violence Against
CONTINUED
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Women Act or the Family Violence Prevention and Services
Act ("grantees") from (1) disclosing any personally
identifying information or individual information collected
in connection with services requested, utilized, or denied
through the grantees' programs, or (2) revealing individual
client information without the informed, written, and
reasonably time-limited consent of the person about whom
the information is sought. [42 U.S.C. 13925(b)(2)(B)]
Existing federal law provides, in cases where a statutory
or court mandate compels the release of the above
information, that the grantee (1) make reasonable attempts
to notify victims affected by the disclosure of the
information, and (2) take steps necessary to protect the
privacy and safety of the persons affected by the release
of the information. [42 U.S.C. 13925(b)(2)(C)]
Existing federal law permits grantees to share (1)
nonpersonally identifying data in the aggregate regarding
services provided to clients and nonpersonally identifying
demographic information in order to comply with specified
reporting requirements, (2) court-generated information and
law-enforcement generated information contained in secure,
governmental registries for protection order enforcement
purposes, and (3) law enforcement- and
prosecution-generated information necessary for law
enforcement and prosecution purposes. [42 U.S.C.
13925(b)(2)(D)]
Existing federal law requires that "victim service
providers" who receive specified grant funds be instructed
not to disclose personally identifying information about
any client for purposes of a Homeless Management
Information System. Existing federal law permits providers
to be asked for non-personally identifying data that has
been de-identified, encrypted, or otherwise encoded for
purposes of a Homeless Management Information System,
following public notice and comment. [42 U.S.C.
11383(a)(8)(A)]
Existing federal law defines "personally identifying
information" as individually identifying information for or
about an individual including information likely to
disclose the location of a victim of domestic violence,
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dating violence, sexual assault, or stalking, including (1)
a first and last name, (2) a home or other physical
address, (3) contact information (including a postal,
e-mail or Internet protocol address, or telephone or
facsimile number), (4) a social security number, and (5)
any other information, including the date of birth, racial
or ethnic background, or religious affiliation, that, in
combination with any other non-personally identifying
information would serve to identify the individual.
[42 U.S.C. 11383(a)(8)(B)(i); 42 U.S.C. 13925(a)(18)]
Existing federal law defines a "victim service provider" as
a nonprofit, nongovernmental organization including rape
crisis centers, battered women's shelters, domestic
violence transitional housing programs, and other programs
whose primary mission is to provide services to victims of
domestic violence, dating violence, sexual assault, or
stalking. [42 U.S.C. 11383(a)(8)(B)(ii)]
This bill makes it unlawful for a person or entity - in the
course of awarding grants or providing financial support or
assistance "for the purpose of providing shelter, programs,
or services at low cost, no cost, or on a sliding scale to
victims of domestic violence, dating violence, sexual
assault, or stalking, or their children" to a victim
service provider - to require or request that the provider
disclose personally identifying information regarding any
person for whom it is providing, is considering providing,
has provided, or has considered providing services.
This bill makes it unlawful for a person or entity - in the
course of awarding grants or providing financial support or
assistance "for the purpose of providing shelter, programs,
or services at low cost, no cost, or on a sliding scale to
victims of domestic violence, dating violence, sexual
assault, or stalking, or their children" to a victim
service provider - to require or request that the provider
use any computer software, computer program, computer
protocol, or other computer system that requires disclosure
of personally identifying information regarding any person
for whom it is providing, is considering providing, has
provided, or has considered providing services.
This bill defines "personally identifying information" as:
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1. First and last name or last name only.
2. Home or other physical address, including, but not
limited to, a street name or zip code, other than an
address obtained pursuant to the California Safe At Home
program or a business mailing address for the victim
service provider.
3. Electronic mail address or other online contact
information, such as instant messaging user identifier
or a screen name that reveals an individual's electronic
mail address.
4. Telephone number, other than a business telephone number
for the victim service provider.
5. Social security number.
6. Date of birth, with the exception of the year of birth.
7. Internet Protocol address or host name that identifies
an individual.
8. Any other information, including, but not limited to,
the first and last names of children or relatives,
racial or ethnic background, or religious affiliation,
that, in combination with any other nonpersonally
identifying information, would serve to identify any
individual.
This bill defines "victim service provider" as a
nongovernmental organization or entity that provides
shelter, programs, or services at low cost, no cost, or on
a sliding scale to victims of domestic violence, dating
violence, sexual assault, stalking, or their children,
either directly or through contractual arrangements,
including rape crisis centers, domestic violence shelters,
domestic violence transitional housing programs, and other
programs with the primary mission to provide services to
victims of domestic violence, dating violence, sexual
assault, or stalking, or their children, whether or not the
program exists in an agency that provides additional
services.
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This bill permits a victim service provider that is
aggrieved by a violation of this title to obtain injunctive
relief. This bill also entitles a prevailing plaintiff to
court costs and reasonable attorney's fees if the plaintiff
provided notice of this section and the asserted violation
to the defendant, and the defendant failed to cease the
violation within five business days of receiving notice.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/18/06)
Los Angeles City Attorney's Office (source)
American Association of University Women, California
Calegislation
California Coalition Against Sexual Assault
California National Organization for Women
California Partnership to End Domestic Violence
California Women Lawyers
Community Solutions
Family Services of Tulare County
Jewish Family Service Los Angeles
Marajee Mason Center
Marin Abused Women's Service
North County Women's Resource Center & Shelter
Privacy Rights Clearinghouse
South Bay Community Services
South Lake Tahoe Women's Center
STAND! Against Domestic Violence
Su Casa Domestic Violence Network
The Riley Center of St. Vincent de Paul Society
WEAVE Inc.
YWCA of Glendale
ARGUMENTS IN SUPPORT : The Los Angeles City Attorney's
Office states that it sponsored the bill "because of the
critical need to protect the privacy and safety of victims
who seek shelter and other services from ? victim service
providers." The author's office states that this bill will
make it clear that those entities which provide local and
state funding for victim services in California may not
require a victim service provider to release a client's
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personally identifying information as a condition of
receiving funding. In the absence of clear state law, the
author states that a number of funding entities have
required victim service providers to provide clients'
personally identifying information as a condition of
providing funding. Supporters argue that these demands put
service providers in the difficult position of either
forgoing necessary funding or violating the trust, and
possibly endangering the physical safety, of their clients.
The Privacy Rights Clearinghouse states that victim service
providers already struggle to earn clients' trust, and will
suffer in this struggle if they are required to disclose
sensitive client information. Calegislation adds that
victims in protected address programs and battered women
shelters are already hesitant to seek services funded by
CalWorks because of the possibility that their personally
identifying information may be disclosed. The American
Association of University Women also notes that any
potential for the disclosure of battered women's personally
identifying information "will only enhance their fears and
hesitation to seek assistance." The California Coalition
Against Sexual Assault states, "Passing this legislation
will help to assure victims and survivors that they are
safe entrusting us with this type of information."
RJG:mel 4/19/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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