Sec. 1603. Prohibiting persons from making information on program participants available
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/bill/117/hr/5314/eh/section-1603·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If any person, including a business or association and a local government or other public entity, receives a written request from an individual who is a program participant under the program established by a State under section 303A of the Help America Vote Act of 2002 (hereafter referred to as a program participant ) or the agent of a program participant to not disclose the participant’s personally identifiable information— such person may not knowingly post or publicly display the participant’s personally identifiable information on the Internet, including on any website or subsidiary website controlled by such person; such person may not knowingly transfer for consideration the participant’s personally identifiable information to any other person, including a business or association, through any medium; if the participant or the agent of the participant includes information in the written request to indicate that the disclosure of the participant’s personally identifiable information would cause or threaten to cause imminent great bodily harm to the participant or a member of the immediate family of the participant, such person may not knowingly transfer without consideration the participant’s personally identifiable information to any other person, including a business or association, through any medium; and if, prior to receiving the request, such person publicly displayed the participant’s personally identifiable information on the Internet on any website or subsidiary website controlled by such person, such person shall remove the information from such websites not later than 72 hours after receiving the request.
A program participant who is aggrieved by a violation of subsection
(a)or subsection
(b)may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the participant’s costs and reasonable attorney’s fees. A program participant who is aggrieved by a violation of subsection
(a)or subsection
(b)may bring an action for damages in any court of competent jurisdiction. A prevailing plaintiff in an action described in subparagraph
(A)shall, for each violation, be awarded damages in an amount determined by the court, except that such amount— may not exceed 3 times the actual damages to the plaintiff; and may not be less than $10,000. In this section, the terms member of the immediate family and personally identifiable information have the meaning given such terms in section 303A of the Help America Vote Act of 2002. If any provision of this section, or the application of a provision of this section to any person or circumstance, is held to be unconstitutional, the remainder of this section, and the application of the provisions of this section to any person or circumstance, shall not be affected by the holding.