Public agencies prohibited from requiring certain Section 501(c) entities to provide personal information; public agencies prohibited from disclosing personal information in the possession of the agency; exemptions

  1. Law
  2. Mississippi Code
  3. Public Officers and Employees; Public Records
  4. Disclosure of Personal Information of Section 501(c) Entity
  5. Public agencies prohibited from requiring certain Section 501(c) entities to provide personal information; public agencies prohibited from disclosing personal information in the possession of the agency; exemptions

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  1. Notwithstanding any law to the contrary, and subject to subsection (3), a public agency shall not do any of the following:
    1. Require any entity organized under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information.
    2. If in the possession of personal information, a public agency shall not release, publicize or otherwise disclose that personal information without the express written permission of every identified member, supporter, volunteer or donor of the Section 501(c) entity as well as the Section 501(c) entity that received their membership, support, volunteer time or donations.
    3. Request or require a current or prospective contractor with the public agency to provide the public agency with a list of entities organized under Section 501(c) of the Internal Revenue Code to which it has provided financial or nonfinancial support.
  2. Personal information shall be exempt from disclosure under the Mississippi Public Records Act.
  3. This chapter does not preclude either of the following:
    1. Any lawful warrant for personal information issued by a court of competent jurisdiction; or
    2. A lawful request for discovery of personal information in litigation if both of the following conditions are met:
      1. The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and
      2. The requestor obtains a protective order barring disclosure of personal information to any person not directly involved in the litigation. As used in this subparagraph, "person" means an individual, partnership, corporation, association, governmental entity or other legal entity.


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