This measure expands the type of personal information that would be considered confidential. Specifically, the measure states that confidential personal information is information provided by a person to a public agency, private entity, or individual to be used for a governmental or commercial purpose and that can be linked to that person. However, information contained in public government records would not be considered confidential. Under the measure, state and local governments and private entities would be required to use all reasonable means to protect confidential personal information in their possession and be prohibited from sharing such information without the individual’s permission. Entities could disclose personal information without permission if it would serve a compelling interest and there is no reasonable alternative to accomplishing that interest. The measure creates a legal presumption that the unauthorized disclosure of confidential personal information caused harm to the individuals whose information was disclosed. This is a change from current law, which requires individuals bringing lawsuits to prove that they were harmed by the unauthorized disclosure.
↧