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Legislative Update

Privacy of nonprofit donor information

January 27, 2023 Filed Under: Civil

The House Judiciary Committee heard HB 1212 on privacy of nonprofit donor information authored by Rep.Karickhoff and Rep. Rowray. This bill prohibits, with certain exceptions, a state or local agency from collecting or disclosing information that identifies an individual or business entity as a member, supporter, volunteer, or donor of financial or nonfinancial support to a nonprofit organization. It also permits the filing of an action for declaratory or injunctive relief against an agency regarding the collection or disclosure of personal information, and that an agency officer, employee, or board member is liable for actual or liquidated damages for unlawful disclosure of personal information.

The author testified that this is a proactive measure to protect donor information proposed by a national organization, Indiana Philanthropy Roundtable. Representatives from the Indiana Philanthropy Alliance and Philanthropy Roundtable testified in favor of the bill.

Rep. Clere proposed an amendment that limited privacy to 501(c)(3)’s, excluding other types of 501 corporations. His amendment failed with a vote of 3-8. The bill passed 8-3.

Read the bill at: https://iga.in.gov/legislative/2023/bills/house/1212

Filed Under: Civil Tagged With: liability, nonprofits

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