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House creates criminal penalty for doxxing, adopts caregiver cure period for public bodies
Summary
Senate Bill 11 21 passed to make certain intentional disclosures of private information a Class B misdemeanor and to align enforcement with the Oregon Consumer Privacy Act; the House adopted an amendment giving public bodies a temporary cure period to remove unlawfully posted information.
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The House passed Senate Bill 11 21, which creates a criminal offense for unlawful disclosure of private information when the disclosure is made with intent to stalk, harass or injure and results in harm.
Representative Anderson, who carried the bill, described four elements the prosecution must show: intent to stalk/harass/injure; knowing disclosure of another person—s personal information; a lack of consent or reason to believe there was no consent; and a resulting stalking, injury or harassment. "This bill creates a class b misdemeanor for unlawful disclosure of private information AKA the anti doxing bill," Representative Anderson said during floor remarks.
The bill defines "personal information" to include home address, personal email, phone number, Social Security number, employer or family contact information, photos of a child and the name of the child—s school. It also amends the Oregon Consumer Privacy Act provisions to align with the criminal provision.
An amendment discussed on the floor gives public bodies a 30-day temporary "right to cure" alleged violations by removing offending information; the attorney general will have oversight, and public bodies will become fully subject to the law after six months. Representative Anderson said the change addressed concerns from the Office of the Governor and other public entities.
The clerk reported the roll call and declared Senate Bill 11 21 passed. Record on the floor included Representative Chotzin voting no and Representative Evans voting yes in the clerk—s running tally.
