Section 50-18-160 - Individuals or nonprofit organizations(a) As used in this Code section, the term: (1) "Nonprofit organization" means an entity that is exempt from federal income tax under Section 501(c) of the federal Internal Revenue Code, has submitted an application with the Internal Revenue Service for recognition of an exemption under Section 501(c) of the Internal Revenue Code, an entity registered as a nonprofit corporation under Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," a charitable trust under Code Section 53-12-170, a charitable organization as defined by Code Section 43-17-2, or a religious organization as defined by Code Section 43-17-2. Such term shall not include any public agency.(2) "Person" means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization.(3) "Personal information" means any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support to a nonprofit organization.(4) "Public agency" means any department, division, board, bureau, commission, system, or other agency of state government or any state authority; any local board, county, municipal corporation, commission, council, school district, or political subdivision of the state or any local authority; and any office, agency, or court provided for under Title 15.(b) Notwithstanding any other provision of law to the contrary, and subject to the limitations in subsection (d) of this Code section, a public agency shall not: (1) Require any individual or nonprofit organization to provide the public agency with personal information or otherwise compel the release of personal information;(2) Release, publicize, or otherwise publicly disclose personal information in possession of the public agency; or(3) Request or require a current or prospective contractor or grantee with the public agency to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support.(c) Subject to the limitations in subsection (d) of this Code section, personal information shall not be subject to Article 4 of this chapter, relating to open records.(d) Subsections (b) and (c) of this Code section shall not apply to:(1) Any report or disclosure required by Chapter 5 of Title 21;(2) Any lawful warrant for personal information issued by a court of competent jurisdiction;(3) A lawful request for discovery of personal information in litigation if both of the following conditions are met: (A) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and(B) The requestor obtains a protective order barring disclosure of personal information to any person not named in the litigation;(4) Admission of personal information as evidence before a court of competent jurisdiction. However, such evidence shall be made part of the record under seal, and no court shall unseal such personal information absent a specific finding of good cause;(5) A public body or agency from collecting or releasing personal information that was voluntarily released by the person or voluntarily released by the nonprofit organization to the public;(6) A collection of information disclosing the identity of any director, officer, registered agent, or incorporator of a nonprofit organization in any report or disclosure required by statute to be filed with the Secretary of State pursuant to Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code";(7) Disclosure of personal information derived from a donation to a nonprofit organization that is affiliated with a public agency and required by statute, if the individual has not previously requested anonymity from the nonprofit organization;(8) Any lawful request for personal information issued during an investigation pursuant to Chapter 17 of Title 43, the "Georgia Charitable Solicitations Act of 1988";(9) A collection of information disclosing the identifying information of any executive officers, directors, trustees, or executive personnel of a charitable organization in any registration statement, report, or disclosure required by statute or rule pursuant to Chapter 17 of Title 43, the "Georgia Charitable Solicitations Act of 1988";(10) Collection of information on any return, form, report, statement, or disclosure required for purposes of tax administration authorized by statute and pursuant to the express statutory authority granted to the Department of Revenue, provided that such information shall only be used in connection with the specific return, form, report, statement, or disclosure to which the request relates;(11) Disclosure of personal information to the Department of Banking and Finance to conduct regulatory oversight of chartered and licensed entities pursuant to express statutory authority under Chapter 1 of Title 7, the "Financial Institutions Code of Georgia"; and(12) Collection and use of personal information as permitted by statute, rule, or regulation for purposes of administration of programs and services, regulatory oversight, and ensuring compliance by prospective and approved contractors: (A) By the Department of Human Services for purposes authorized in Article 1 of Chapter 2 of Title 49;(B) By the Department of Behavioral Health and Developmental Disabilities for purposes authorized in Title 37;(C) By the Department of Community Health for purposes authorized in Chapter 5 of Title 26, Title 31, Article 7 of Chapter 3 of Title 37, Article 1 of Chapter 18 of Title 45, Article 7 of Chapter 4 of Title 49, or Article 7 of Chapter 6 of Title 49; and(D) By the Department of Juvenile Justice for purposes authorized in Chapter 4A of Title 49.(e) Nothing in this Code section shall apply to a national securities association that is registered pursuant to Section 15A of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o-3, as amended, or any information such national securities association provides to the Secretary of State pursuant to the provisions of Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008."(f) The provisions of this Code section may be enforced through civil actions for declaratory and injunctive relief pursuant to Article I, Section II, Paragraph V of the Georgia Constitution.(g)(1) A person who suffers injury or damages as a result of an individual's malicious or corrupt violation of this Code section may bring a civil action in superior court for damages. A successful claimant shall be awarded the actual damages of any such violation. Where it is proven that the violation was willful, the plaintiff shall be entitled to recover treble damages and reasonable attorney's fees.(2) Nothing in paragraph (1) of this subsection shall be construed to constitute a waiver of the sovereign immunity of the state or any officer or employee thereof beyond this subsection.(h) An employee of a public agency who knowingly violates this Code section commits the crime of improper collection or disclosure of personal information and is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both.Added by 2024 Ga. Laws 613,§ 2, eff. 7/1/2024.