This section bars selling, giving, or receiving lists of names and addresses taken from certain public records for marketing purposes, and it can trigger a civil penalty.
(a) No person shall knowingly sell, give, or receive any list of names and addresses contained in or derived from public records requested from a local board of education for the purpose of selling or offering for sale any property or service to those individuals or entities listed therein. (b) Any person subject to this section who knowingly violates subsection (a) shall be liable for the payment of a civil penalty in an action brought by the Attorney General not to exceed five hundred dollars ($500) for each violation. (c) If a request is made for public records that contain the names or addresses of individuals or entities which the public officer having custody of the records has reasonable cause to believe may be used in violation of subsection (a), prior to responding to the request, the public officer may require the person requesting the records or information therein to provide, in addition to the certification described in Section 36-12-45(b)(3), a written certification that the requester does not intend to, and will not: (1) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any individual or entity listed or to any individual who resides at any address listed; or (2) Sell, give, or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any individual or entity listed or to any individual who resides at any address listed. (d) This section shall not impose any liability on a public officer having custody of a record for granting access to or providing copies of public records or information containing names and addresses, in good faith compliance with subsection (c), to a person who has made a written request for access to such information and has executed a written certification pursuant to subsection (c). (e) The State Board of Education, by rule, may provide guidance and a model certification form for custodians of public records to implement this section.