HB 5541
Relating to the protection of personal information for elected officials
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
House Bill 5541, known as Daniel’s Law, aims to protect the personal information – specifically home addresses and phone numbers – of West Virginia’s elected officials, judges, prosecutors, and law enforcement officers. The bill prohibits the disclosure of this information unless permission is granted, and it establishes a legal recourse for individuals whose information is improperly shared. It also includes provisions for immediate family members of these officials to seek protection against similar disclosures.
Key provisions
- Defines ‘Elected Official’ to include all state and local elected positions.
- Prohibits the disclosure of home addresses and personal phone numbers of covered officials without consent.
- Establishes a civil lawsuit option for officials or their family members whose information is disclosed.
- Allows for awards of actual damages, punitive damages, attorney’s fees, and other equitable relief in successful lawsuits.
- Creates a process for individuals to request the removal of disclosed information.
- Defines ‘Judicial Officer’ and ‘Law-Enforcement Officer’ with specific legal definitions.
- Includes a misdemeanor penalty for willfully refusing to remove disclosed information.
- States that the bill does not prevent disclosures required by law.
Who is affected
- West Virginia Elected Officials
- West Virginia Judges
- West Virginia Prosecutors
- West Virginia Law Enforcement Officers
- Immediate Family Members of the aforementioned officials
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