HOUSE BILL REPORT
SSB 5654
As Reported by House Committee On:
Judiciary
Title: An act relating to the privacy of personal information of criminal justice officials.
Brief Description: Protecting the privacy of personal information of criminal justice officials.
Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Prentice, Esser, Oke and Kohl-Welles).
Brief History:
Judiciary: 2/22/06 [DPA].
Brief Summary of Substitute Bill (As Amended by House Committee) |
|
|
|
HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass as amended. Signed by 9 members: Representatives Lantz, Chair; Flannigan, Vice Chair; Williams, Vice Chair; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Kirby, Serben, Springer and Wood.
Staff: Bill Perry (786-7123).
Background:
A federal district court struck down a statute that prohibited publishing personal information
about law enforcement, corrections and court personnel if the publication was done with the
intent to harm or intimidate the person about whom the information was published. The
statute prohibited publication of:
A person harmed by such an unauthorized publication was allowed to recover actual damages
plus court costs.
In Sheehan v. Gregoire, the Federal District Court (Court) held that this statute was
unconstitutionally over broad and vague in that it prohibited the publication of truthful and
lawfully obtained information, and it was unclear as to what "speech" was being prohibited.
The court found that the statute was content based, and it lacked reference to any objective
standards. The statute was not narrowly constructed to address only a form of unprotected
speed such as speech that amounts to a "true threat." In order to constitute a "true threat," and
therefore be subject to regulation, speech must be likely in the eyes of a reasonable person to
produce or incite imminent lawless action. The court held that the statute violated the First
and Fourteenth Amendments to the Federal Constitution because it prohibited pure speech
based solely on the speaker's subjective intent.
Summary of Amended Bill:
Knowingly making certain personal information available on the world wide web is
prohibited if the information poses an imminent and serious threat to the person concerned
and that threat is reasonably apparent to the person making the information available.
This prohibition applies to personal information about the following persons or their families:
The prohibition applies to the following types of information:
Good faith publication of information by a county auditor or assessor in the ordinary course
of business is not prohibited.
A person who is harmed by publication of information prohibited by this provision may
recover actual damages, reasonable attorneys' fees and costs, plus damages of up to $1,000
per day of violation.
Amended Bill Compared to Substitute Bill:
The amendment changes the remedies provision by replacing punitive damages of up to
$10,000 with damages of up to $1,000 per day of violation.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: The bill appropriately narrows the statute in response to the district court's ruling and increases the chances that the law will be upheld. This bill is about protecting police officers and criminal justice officials, and most importantly about protecting their families.
Testimony Against: The bill tries to prohibit publishing public information. If a government agency published this kind of information it would be permitted, but if an individual publishes the same lawful public information on the world wide web, the individual has violated the law.
Persons Testifying: (In support) Michael Transue, Seattle Police Officers, King County
Police Officers, and Port of Seattle Police Officers.
(Opposed) Jennifer Shaw, American Civil Liberties Union of Washington.