SB 1689

Present law describes what records kept by public entities must be kept confidential and what records must be made open to inspection by members of the public. This bill makes it an offense for a person to use an individual's personal identifying inform ation obtained from a governmental entity pursuant to an open records request with the intent to use or sell such information for commercial use. The person seeking to inspect public records must sign an affidavit declaring that the information received wi ll not be used or sold by the person for commercial purposes. This bill provides that a violation of this bill is a Class B misdemeanor, punishable only by a fine of $500, and that it is a separate offense for every individual whose information is used for commercial purposes. However, this bill clarifies that its provisions do not limit the use of an individual's personal identifying information for commercial purposes if the individual has expressly authorized the use of such information.