November 8, 2018, Introduced by Senator SHIRKEY and referred to the Committee on Michigan Competitiveness.
A bill to prohibit public agencies from requiring certain
nonprofit entities to disclose personal information of their
members, supporters, volunteers, and donors in certain
circumstances; to limit the release of that personal information if
it is obtained by a public agency; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"personal privacy protection act".
Sec. 2. As used in this act:
(a) "Personal information" means any list, record, register,
registry, roll, roster, or other compilation of data of any kind
that directly or indirectly identifies a person as a member,
supporter, or volunteer of, or donor of financial or nonfinancial
support to, any entity organized under section 501(c) of the
internal revenue code.
(b) "Public agency" means any state or local governmental
unit, however designated, including, but not limited to, this
state; any department, agency, office, commission, board, division,
or other entity of this state; any political subdivision of this
state, including, but not limited to, a county, city, township,
village, school district, community college district, or any other
local governmental unit, agency, authority, council, board, or
commission; or any state or local court, tribunal, or other
judicial or quasi-judicial body.
Sec. 3. (1) Notwithstanding any law to the contrary, and
subject to subsection (3), a public agency shall not do any of the
(a) Require any entity organized under section 501(c) of the
internal revenue code to provide the public agency with personal
(b) If in the possession of personal information, a public
agency shall not release, publicize, or otherwise disclose that
personal information without the express written permission of
every identified member, supporter, volunteer, or donor and the
section 501(c) entity that received their membership, support,
volunteer time, or donations.
(c) Request or require a current or prospective contractor
with the public agency to provide the public agency with a list of
entities organized under section 501(c) of the internal revenue
code to which it has provided financial or nonfinancial support.
(2) Personal information is exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) This act does not preclude either of the following:
(a) Any lawful warrant for personal information issued by a
court of competent jurisdiction.
(b) A lawful request for discovery of personal information in
litigation if both of the following conditions are met:
(i) The requestor demonstrates a compelling need for the
personal information by clear and convincing evidence.
(ii) The requestor obtains a protective order barring
disclosure of personal information to any person not directly
involved in the litigation. As used in this subparagraph, "person"
means an individual, partnership, corporation, association,
governmental entity, or other legal entity.
Sec. 4. (1) A person alleging a violation of this act may
bring a civil action for appropriate injunctive relief, damages, or
both. Damages awarded under this section may include 1 of the
following, as appropriate:
(a) A sum of money not less than $2,500.00 to compensate for
injury or loss caused by each violation of this act.
(b) For an intentional violation of this act, a sum of money
not to exceed 3 times the sum described in subdivision (a).
(2) A court, in rendering a judgment in an action brought
under this act, may award all or a portion of the costs of
litigation, including reasonable attorney fees and witness fees, to
the complainant in the action if the court determines that the
award is appropriate.
Sec. 5. A person who knowingly violates this act is guilty of
a misdemeanor punishable by imprisonment for not more than 90 days
or a fine of not more than $1,000.00, or both.