The Senate Judiciary Committee heard SB 303 authored by Sen. Brown on privacy protections for nonprofit organizations. The bill:
- defines “personal information”, with respect to a nonprofit organization, as a compilation of data that directly or indirectly identifies a person as a member of, supporter of, volunteer for, or donor to, the nonprofit organization.
- prohibits a public agency (defined in the bill as a state agency or a political subdivision) from doing the following: (1) Requiring a person or nonprofit organization to provide personal information to the public agency, or otherwise compelling the release of personal information. (2) Releasing, publicizing, or publicly disclosing personal information in its possession. (3) Requesting or requiring a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support.
- provides exceptions to these prohibitions with respect to disclosures made: (1) in compliance with specified laws; or (2) under certain circumstances in the context of litigation.
- Provides that personal information is considered confidential and is not subject to disclosure under Indiana’s access to public records act (act).
- Provides that a person alleging a violation of the bill’s provisions may bring a civil action for injunctive relief, specified damages, or both.
- Provides that: (1) a public employee; (2) a public official; or (3) an employee or officer of a contractor or subcontractor for a public agency; who violates the bill’s provisions is subject to the penalties and discipline that apply with respect to violations of the act.
Representatives from Indiana Philanthropic Alliance, Americans for Prosperity, and Philanthropy Roundtable testified in support of the bill.
The bill was amended to provide that an entity that has submitted an application for exempt status under Section 501(c) of the Internal Revenue Code or an entity that is exempt under Section 501(c) of the Internal Revenue Code is considered a nonprofit organization. The amended bill passed 9-0.
Read the bill at https://iga.in.gov/legislative/2023/bills/senate/303