H 791

 BILL AS INTRODUCED  H.791
 2026  Page 1 of 26
1H.791
2 Introduced by Representatives Priestley of Bradford, Berbeco of Winooski,
3Burrows of West Windsor, Cole of Hartford, Donahue of
4Northfield, Graning of Jericho, Headrick of Burlington,
5Holcombe of Norwich, Kleppner of Burlington, McCann of
6Montpelier, McGill of Bridport, Mrowicki of Putney, Nugent of
7South Burlington, Ode of Burlington, Pouech of Hinesburg,
8Rachelson of Burlington, Scheu of Middlebury, Sibilia of
9Dover, Sweeney of Shelburne, Tomlinson of Winooski, and
10Torre of Moretown
11 Referred to Committee on
12 Date:
13 Subject: Internal security and public safety; government management of data
14 Statement of purpose of bill as introduced: This bill proposes to set privacy
15 standards for the State government in regard to the storage of, access to, and
16 disclosure of personal information of Vermonters.
17    An act relating to State government and information privacy
                                                                   VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 2 of 26
1 It is hereby enacted by the General Assembly of the State of Vermont:
2 Sec. 1. 20 V.S.A. chapter 206 is added to read:
3CHAPTER 206. GOVERNMENT DATA PRACTICES
4 § 4631. SHORT TITLE AND DEFINITIONS
5    (a) This chapter may be cited as the “Vermont Government Data Practices
6 Act.”
7    (b) As used in this chapter:
8(1) “Agency” means any agency, department, board, commission, or any
9 other entity or officer of the Executive Branch of State government.
10(2) “Commercial purpose” means any purpose that has financial gain as
11 a major objective. It does not include the gathering or dissemination of
12 newsworthy facts by a publisher or broadcaster.
13(3) “Disclose” means to disclose, release, transfer, disseminate, or
14 otherwise communicate all or any part of any record orally, in writing, or by
15 electronic or any other means to any person or entity.
16(4) “Maintain” means to maintain, store, acquire, use, or disclose.
17(5) “Neural data” means information that is generated by measuring the
18 activity of an individual’s central or peripheral nervous system and that is not
19 inferred from nonneural information.
                                                                     VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 3 of 26
1(6)(A) “Personal information” or “information” means any information
2 that identifies, relates to, describes, or is capable of being associated with a
3 particular individual, including the following:
4(i) name, alias, address, unique personal identifier, online
5 identifier, IP address, email address, account name, Social Security number,
6 driver’s license number, passport number, or other personal identifier;
7(ii) vehicle registration information, including license plate
8 numbers;
9(iii) the contents of an individual’s mail, email, and text messages,
10 unless the agency is the intended recipient of the communication;
11(iv) characteristics of protected classifications;
12(v) racial or ethnic origin, citizenship or immigration status,
13 religious beliefs, political positions or affiliations, or union membership;
14(vi) biometric information;
15(vii) genetic data;
16(viii) precise geolocation data;
17(ix) audio, electronic, visual, thermal, olfactory, or similar
18 information;
19(x) insurance policy numbers;
20(xi) neural data;
21(xii) information concerning an individual’s health; and
                                                                      VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 4 of 26
1(xiii) information concerning an individual’s gender, sex life, or
2 sexual orientation.
3(B) “Personal information” may exist in various formats, including
4 the following:
5(i) physical formats, including paper documents, printed images,
6 vinyl records, or video tapes;
7(ii) digital formats, including text, image, audio, or video files;
8 and
9(iii) abstract digital formats, including compressed or encrypted
10 files, metadata, or artificial intelligence systems that are capable of outputting
11 personal information.
12(7) “Precise geolocation data” means any data that is derived from a
13 device and that is used or intended to be used to locate an individual within a
14 geographic area that is equal to or less than the area of a circle with a radius of
15 1,850 feet.
16(8) “Record” means any file or grouping of personal information that is
17 maintained by an agency.
18 § 4632. COLLECTION AND STORAGE
19    (a) Maintaining records.
20(1) An agency shall maintain in its records only the personal information
21 that is:
                                                                      VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 5 of 26
1(A) relevant and necessary to accomplish a legitimate purpose of the
2 agency;
3(B) required or authorized by the State; or
4(C) required under federal law.
5(2) Before a record is used by an agency to make a determination about
6 an individual, the agency shall maintain the record, to the maximum extent
7 possible, with accuracy, relevance, timeliness, and completeness.
8(3) Before an agency transfers a record outside State government, it
9 shall correct, update, withhold, or delete any portion of the record that it knows
10 or has reason to believe is inaccurate or untimely.
11(4) An agency that provides by contract for the operation or
12 maintenance of records to accomplish an agency function shall require that the
13 provisions of this chapter be applied to those records. For purposes of section
14 4637 of this chapter, any contractor and any employee of the contractor, if the
15 contract is agreed to on or after July 1, 2026, shall be considered an employee
16 of an agency.
17    (b) Collection and sources of information.
18(1) An agency shall collect the personal information of an individual to
19 the greatest extent practicable directly from the individual who is the subject of
20 the personal information rather than from another source.
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 6 of 26
1(2) When an agency collects the personal information of an individual,
2 the agency shall maintain the source or sources of the personal information,
3 unless the source is the individual or the individual has received a copy of the
4 source document, including the name of a source who is an individual acting in
5 the individual’s own private or individual capacity. If the source is an agency,
6 branch of the federal government, or other organization, such as a corporation
7 or association, this requirement can be met by maintaining the name of the
8 agency, branch of the federal government, or organization, provided the
9 smallest reasonably identifiable unit of that agency, branch of the federal
10 government, or organization is named.
11(3) When an agency electronically collects the personal information of
12 an individual, the agency shall maintain the source or sources of the personal
13 information or any intermediate form of the personal information as set forth in
14 subdivision (2) of this subsection, unless:
15(A) the source is the individual and the individual has requested that
16 the information be discarded; or
17(B) the individual has received a copy of the source document.
18(4) An agency shall maintain the source or sources of the personal
19 information in a readily accessible format so as to be able to provide it to the
20 individual when the individual inspects a record pursuant to subsection
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 7 of 26
1 4634(d) of this chapter. This subdivision shall not apply if the source or
2 sources are exempt from disclosure under the provisions of this chapter.
3    (c) Notice required.
4(1) An agency shall provide on or with any form used to collect personal
5 information from an individual the following notice:
6(A) the name of the agency and the department or office within the
7 agency that is requesting the information;
8(B) the title, business address, and telephone number of the agency
9 official who is responsible for the records;
10(C) the authority, whether granted by statute, administrative rule, or
11 executive order, that authorizes the maintenance of the information;
12(D) with respect to each item of information, whether the submission
13 of such information is mandatory or voluntary;
14(E) the consequences, if any, of not providing all or any part of the
15 requested information;
16(F) the purpose or purposes within the agency for which the
17 information is to be used;
18(G) any known or foreseeable disclosures that may be made of the
19 information pursuant to subdivision 4633(a)(6) or (7) of this chapter; and
20(H) the individual’s right of access to records containing the
21 individual’s personal information that are maintained by the agency.
                                                                   VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 8 of 26
1(2) The notice required by subdivision (1) of this subsection does not
2 apply to:
3(A) agency requirements for an individual to provide the individual’s
4 name, identifying number, photograph, address, or similar identifying
5 information, if this information is used only for the purpose of identification
6 and communication with the individual by the agency, except that
7 requirements for an individual’s Social Security number shall conform with the
8 provisions of the federal Privacy Act of 1974, as may be amended;
9(B) any enforcement document issued by an employee of a law
10 enforcement agency in the performance of the employee’s duties wherein the
11 violator is provided an exact copy of the document; or
12(C) accident reports whereby the parties of interest may obtain a copy
13 of the report.
14(3) An agency official pursuant to subdivision (1)(B) of this subsection
15 shall, upon request, inform an individual regarding the location of the
16 individual’s records and the categories of any persons that use the information
17 in those records.
18    (d) Compliance and rules of conduct.
19(1) An agency shall designate an agency employee to be responsible for
20 ensuring that the agency complies with all provisions of this chapter.
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 9 of 26
1(2) An agency shall, in consultation with the Agency of Administration,
2 establish:
3(A) rules of conduct for persons involved in the design, development,
4 operation, disclosure, or maintenance of records and instruct each person with
5 respect to the requirements of this chapter, including any rules adopted
6 pursuant to this chapter and the penalties for noncompliance; and
7(B) appropriate and reasonable administrative, technical, and
8 physical safeguards to:
9(i) ensure compliance with the provisions of this chapter;
10(ii) ensure the security and confidentiality of records; and
11(iii) protect against anticipated threats or hazards to a record’s
12 security or integrity that could result in an injury.
13    (e) Use of records. An agency shall not use records for any purpose other
14 than the purpose for which the personal information was collected, except as
15 otherwise required by State law.
16 § 4633. DISCLOSING RECORDS
17    (a) Limited disclosure. An agency shall not disclose any personal
18 information in a manner that would link the information disclosed to the
19 individual to whom it pertains unless the information is disclosed accordingly:
20(1) To the individual to whom the information pertains.
                                                                     VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 10 of 26
1(2) With the prior written, voluntary consent of the individual to whom
2 the information pertains, but only if that consent has been obtained not more
3 than 30 days before the disclosure, or in the time limit agreed to by the
4 individual in the written consent.
5(3) To the duly appointed guardian or conservator of the individual to
6 whom the information pertains.
7(4) To a person representing the individual to whom the information
8 pertains if it can be proven with reasonable certainty through the possession of
9 agency forms, documents, or correspondence that this person is the authorized
10 representative of the individual.
11(5) To those officers, employees, attorneys, agents, or volunteers of the
12 agency that have custody of the information, if the disclosure is relevant and
13 necessary in the ordinary course of the performance of their official duties and
14 furthers the purpose for which the information was acquired.
15(6) To another agency if the transfer is necessary for the transferee
16 agency to perform its constitutional or statutory duties, and the use furthers the
17 purpose for which the information was collected, and the use or transfer is in
18 accordance with subdivision (b)(1) or (b)(2) of this section. With respect to
19 information transferred from a law enforcement or regulatory agency, or
20 information transferred to another law enforcement or regulatory agency, a use
21 is compatible if the use of the information requested is needed in an
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 11 of 26
1 investigation of unlawful activity under the jurisdiction of the requesting
2 agency or for licensing, certification, or regulatory purposes by that agency.
3(7) To a branch of the federal government if authorized by State law.
4(8) Pursuant to the Vermont Public Records Act.
5(9) To a person who has provided the agency with advance, adequate
6 written assurance that the information will be used solely for statistical
7 research or reporting purposes, but only if the information to be disclosed is in
8 a form that cannot identify any individual, and the written assurance includes a
9 statement that the person will not attempt to reidentify the information.
10(10) Pursuant to a determination by the agency that maintains personal
11 information that compelling circumstances exist that affect the health or safety
12 of an individual, if upon the disclosure a notification is transmitted to the
13 individual to whom the information pertains at the individual’s last known
14 address. Disclosure shall not be made if it is in conflict with other State or
15 federal laws.
16(11) To the State Archives as a record that has sufficient historical or
17 other value to warrant its continued preservation by the State, or for evaluation
18 by the Secretary of Administration to determine whether the record has further
19 administrative, legal, or fiscal value.
20(12) To any person pursuant to a subpoena, court order, or other
21 compulsory legal process if, before the disclosure, the agency reasonably
                                                                     VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 12 of 26
1 attempts to notify the individual to whom the record pertains, and if the
2 notification is otherwise not prohibited by law.
3(13) To another person or governmental organization to the extent
4 necessary to obtain information from the person or governmental organization
5 for an investigation by the agency of a failure to comply with a specific State
6 law that the agency is responsible for enforcing.
7(14) To an adopted person with disclosure being limited to general
8 background information pertaining to the adopted person’s biological parents,
9 if the information does not include or reveal the identity of the biological
10 parents.
11(15) To a child or a grandchild of an adopted person and disclosure is
12 limited to medically necessary information pertaining to the adopted person’s
13 biological parents. However, the information, or the process for obtaining the
14 information, shall not include or reveal the identity of the biological parents.
15 The Department for Children and Families shall adopt rules governing the
16 release of information pursuant to this subdivision. The rules shall require
17 licensed adoption agencies to provide the same services provided by the
18 Department as established by this subdivision.
19(16) To a member of the General Assembly, if the member has
20 permission to obtain the information from the individual to whom it pertains or
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 13 of 26
1 if the member provides reasonable assurance that the member is acting on
2 behalf of the individual.
3    (b) Accounting of disclosures.
4(1) An agency shall keep an accurate accounting of the date, nature, and
5 purpose of each disclosure of a record made pursuant to subdivision (a)(10) or
6 (a)(12) of this section. This accounting shall also be required for disclosures
7 made pursuant to subdivision (a)(6) or (a)(7) of this section unless notice of the
8 type of disclosure has been provided pursuant to subsection 4632(c) of this
9 chapter. The accounting shall also include the name, title, and business
10 address of the person or agency to whom the disclosure was made.
11(2) Routine disclosures of information pertaining to crimes, offenders,
12 and suspected offenders to law enforcement or regulatory agencies of federal,
13 State, and local government shall be deemed to be disclosures pursuant to
14 subdivision (a)(6) of this section for the purpose of meeting the requirement set
15 forth in subdivision (1) of this subsection.
16(3) With respect to the sale of information concerning the registration of
17 any vehicle or the sale of information from the files of drivers’ licenses, the
18 Department of Motor Vehicles shall establish procedures under which any
19 person making a request for information shall be required to identify
20 themselves and state the reason for making the request. These procedures shall
21 provide for the verification of the name and address of the person making a
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 14 of 26
1 request for the information and that the Department may require the person to
2 produce the information as it determines is necessary in order to ensure that the
3 name and address of the person are the person’s true name and address.
4(4) An agency shall retain the accounting made pursuant to this
5 subsection for at least three years after the disclosure for which the accounting
6 is made. Nothing in this subsection shall be construed to require retention of
7 the original documents for a three-year period, providing that the agency can
8 otherwise comply with the requirements of this subsection.
9(5) Beginning on July 1, 2026, an agency shall inform any person or
10 agency to whom a record containing personal information has been disclosed
11 during the preceding three years of any correction of an error or notation of
12 dispute made pursuant to subdivision 4634(e)(1) or (2) of this chapter if:
13(A) an accounting of the disclosure is required by this subsection (b)
14 and the accounting has not been destroyed in accordance with the provisions of
15 this chapter;
16(B) the information provides the name of the person or agency to
17 whom the disclosure was made; or
18(C) the person who is the subject of the disclosed record provides the
19 name of the person or agency to whom the information was disclosed.
20(6) Any agency that owns or licenses computerized data that includes
21 personal information shall disclose any breach of the security of the system
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 15 of 26
1 following discovery or notification of the breach in the security of the data
2 pursuant to the Security Breach Notice Act, 9 V.S.A. chapter 62, subchapter 2.
3    (c) Commercial sale prohibition. An agency shall not sell, rent, or
4 otherwise distribute for commercial purposes an individual’s name and address
5 unless the distribution is specifically authorized by State law.
6 § 4634. ACCESS TO AND INSPECTION OF RECORDS
7    (a) Publishing guidelines. An agency shall publish guidelines specifying
8 procedures to be followed in order fully to implement each of the rights of
9 individuals set forth in this section.
10    (b) Right to access records.
11(1) Each individual shall have the right to inquire and be notified as to
12 whether an agency maintains a record about the individual. An agency shall
13 take reasonable steps to assist an individual in making the individual’s request
14 sufficiently specific.
15(2) Any notice sent to an individual pursuant to this subsection that
16 indicates that the agency maintains any record concerning that individual shall
17 include the title and business address of the agency official responsible for
18 maintaining the agency’s records, the procedures to be followed to gain access
19 to the records, and the procedures to be followed for the individual to contest
20 the contents of these records.
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 16 of 26
1(3) In implementing the right conferred by this section, an agency may
2 specify in its guidelines reasonable times, places, and requirements for:
3(A) identifying the individual who requests access to a record; and
4(B) disclosing the contents of a record.
5(4) An agency may establish fees to be charged, if any, to an individual
6 for making copies of a record. Such fees shall exclude the cost of any search
7 for and review of the record, and shall not exceed $0.10 per page, unless the
8 agency fee for copying is established by statute.
9(5) This section applies to the rights of an individual to whom the
10 personal information pertains and not to the authority or right of any other
11 person, agency, agency of another state, or branch of the federal government to
12 obtain this information.
13    (c) Exempt from access. This chapter shall not be construed to require an
14 agency to disclose personal information to an individual to whom the
15 information pertains, if the information:
16(1) is compiled for the purpose of identifying individual criminal
17 offenders and alleged offenders and consists only of identifying data and
18 notations of arrests, the nature and disposition of criminal charges, sentencing,
19 confinement, release, and parole and probation status;
                                                                   VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 17 of 26
1(2) is compiled for the purpose of a criminal investigation of suspected
2 criminal activities, including reports of informants and investigators, and
3 associated with an identifiable individual;
4(3) is contained in any record that could identify an individual and that
5 is compiled at any stage of the process of the enforcement of criminal laws,
6 from the arrest or indictment stage through release from supervision and
7 including the process of extradition or the exercise of executive clemency;
8(4) is maintained for the purpose of an investigation of an individual’s
9 fitness for licensure or public employment, or of a grievance or complaint, or a
10 suspected civil offense, provided the information is withheld only so as not to
11 compromise the investigation, or a related investigation;
12(5) would compromise the objectivity or fairness of a competitive
13 examination for appointment to or promotion in public service, or to determine
14 fitness for licensure, or to determine scholastic aptitude;
15(6) pertains to the physical or psychological condition of the individual,
16 if the agency determines that disclosure would be detrimental to the individual;
17 or
18(7) is otherwise required by law to be withheld from the individual to
19 whom it pertains.
                                                                   VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 18 of 26
1    (d) Inspection and presentation of records.
2(1) Except as otherwise provided in this chapter, an agency shall permit
3 any individual upon request and proper identification to inspect all the personal
4 information in any record containing personal information and maintained by
5 reference to an identifying particular assigned to the individual not later than
6 30 days after the agency’s receipt of the request for active records, and not
7 later than 60 days after the agency’s receipt of the request for records that are
8 geographically dispersed or that are inactive and in central storage. Failure to
9 respond within these time limits shall be deemed denial. In addition, the
10 individual shall be permitted to inspect any personal information about the
11 individual where it is maintained by reference to an identifying particular other
12 than that of the individual, if the agency knows or should know that the
13 information exists. The individual also shall be permitted to inspect the
14 accounting made pursuant to subsection 4633(b) of this chapter.
15(2) An agency shall permit the individual, and, upon the individual’s
16 request, another person of the individual’s own choosing, to inspect all the
17 personal information in the individual’s record and have an exact copy made of
18 all or any portion thereof not later than 15 days after the inspection.
19(3) The agency shall present the information in the record in a form
20 reasonably comprehensible to the general public.
                                                                     VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 19 of 26
1(4) Whenever an agency is unable to access a record by reference to
2 name only, or when access by name only would impose an unreasonable
3 administrative burden, the agency may require the individual to submit such
4 other identifying information as will facilitate access to the record.
5(5) When an individual is entitled under this chapter to gain access to
6 the information in a record containing personal information, the information or
7 a true copy thereof shall be made available to the individual at a location near
8 the residence of the individual or by mail, whenever reasonable.
9    (e) Amending records.
10(1) An agency shall permit an individual to request in writing an
11 amendment of the individual’s record and shall, not later than 30 days after
12 receipt of such request:
13(A) make each correction in accordance with the individual’s request
14 of any portion of a record that the individual believes is not accurate, relevant,
15 timely, or complete and inform the individual of the corrections made in
16 accordance with the individual’s request; or
17(B) inform the individual of the agency’s refusal to amend the record
18 in accordance with the individual’s request, the reason for the refusal, the
19 procedures established by the agency for the individual to request a review by
20 the head of the agency or an official specifically designated by the head of the
                                                                     VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 20 of 26
1 agency of the refusal to amend, and the name, title, and business address of the
2 reviewing official.
3(2)(A) An agency shall permit any individual who disagrees with the
4 refusal of the agency to amend a record to request a review of such refusal by
5 the head of the agency or an official specifically designated by the head of
6 such agency, and, not later than 30 days after the date on which the individual
7 requests such review, complete such review and make a final determination.
8 If, after such review, the reviewing official refuses to amend the record in
9 accordance with the request, the agency shall permit the individual to file with
10 the agency a statement of reasonable length setting forth the reasons for the
11 individual’s disagreement.
12(B) The agency, with respect to any disclosure containing
13 information about which the individual has filed a statement of disagreement
14 pursuant to subdivision (A) of this subdivision (2), shall clearly note any
15 portion of the record that is disputed and make available copies of such
16 individual’s statement and copies of a concise statement of the reasons of the
17 agency for not making the amendment to any person or agency to whom the
18 disputed record has been or is disclosed.
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 21 of 26
1    (f) Notice and appeal of exemption.
2(1) If the agency determines that information requested pursuant to
3 subsection (d) of this section is exempt from access, it shall inform the
4 individual in writing of the agency’s finding that access is not required by law.
5(2) If an individual directly affected by a determination that information
6 is exempted from access pursuant to subdivision (1) of this subsection makes
7 an appeal to the agency to review its decision, the agency shall conduct a
8 review of its determination that the particular information is exempt from
9 access. The review shall be:
10(A) completed not later than 30 days after receipt of a request from
11 the individual;
12(B) conducted by the head of the agency or an official specifically
13 designated by the head of the agency; and
14(C) sent to the individual in writing upon its completion.
15    (g) Privacy of other individuals.
16(1) In disclosing information contained in a record to an individual, an
17 agency shall not disclose any personal information relating to another
18 individual that may be contained in the record. To comply with this
19 subdivision, an agency shall, in disclosing the information, delete or redact
20 from disclosure such information as may be necessary.
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 22 of 26
1(2) In disclosing information contained in a record to an individual, an
2 agency need not disclose any information pertaining to that individual that is
3 exempt pursuant to subsection (c) of this section. To comply with this
4 subdivision, an agency may, in disclosing personal information contained in a
5 record, delete or redact from the disclosure any exempt information.
6    (h) Destruction of personal information.
7(1) An agency shall ensure that no record containing personal
8 information shall be modified, transferred, or destroyed to avoid compliance
9 with any of the provisions of this chapter. In the event that an agency fails to
10 comply with the provisions of this subdivision, an individual may bring a civil
11 action and seek the appropriate remedies and damages pursuant to subsection
12 4636(b) of this chapter.
13(2) An agency shall not remove or destroy personal information about
14 an individual who has requested access to the information before allowing the
15 individual access to the record containing the information.
16    (i) Mailing list removal. Upon written request of an individual, an agency
17 shall remove the individual’s name and address from a mailing list unless the
18 listing of the name is exclusively used by the agency to directly contact the
19 individual.
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 23 of 26
1 § 4635. RULEMAKING
2    The Agency of Administration shall adopt rules to implement the provisions
3 of this chapter and to provide guidance to other State agencies and departments
4 on the procedures for disclosure of, access to, and safekeeping of personal
5 information.
6 § 4636. REMEDIES
7    (a) Refusal to a lawful request to inspect.
8(1) An individual may bring a civil action against an agency whenever
9 an agency refuses to comply with an individual’s lawful request to inspect
10 pursuant to subdivision 4634(d)(1) of this chapter.
11(2) In any suit brought by an individual pursuant to subdivision (1) of
12 this subsection, the court:
13(A) may enjoin the agency from withholding the records and order
14 the production to the individual of any agency records improperly withheld
15 from the complainant; and
16(B) shall assess against the agency reasonable attorney’s fees and
17 other litigation costs reasonably incurred in any suit pursuant to this subsection
18 (a) in which the complainant has prevailed.
19    (b) Failure to properly maintain records.
20(1) An individual may bring a civil action against an agency whenever
21 the agency fails to:
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 24 of 26
1(A) maintain a record concerning the individual with such accuracy,
2 relevancy, timeliness, and completeness as is necessary to ensure fairness in
3 any determination relating to the qualifications, character, rights, or
4 opportunities of, or benefits to the individual that may be made on the basis of
5 such record, if, as a proximate result of such failure, a determination is made
6 that is adverse to the individual; or
7(B) comply with any other provision of this chapter, or any rule
8 adopted pursuant to this chapter, in such a way as to have an adverse effect on
9 the individual.
10(2) In any suit brought pursuant to subdivision (1) of this subsection, the
11 agency shall be liable to the individual in an amount equal to the sum of:
12(A) actual damages sustained by the individual, but that shall not
13 exceed the amounts specified in 12 V.S.A. § 5601(b); and
14(B) the costs of the action together with reasonable attorney’s fees as
15 determined by the court.
16 § 4637. PENALTIES
17    (a) The intentional violation of any provision of this chapter or of any rules
18 adopted under this chapter, by an officer or employee of any agency shall
19 constitute a cause for discipline, including termination of employment.
20    (b) A person who willfully requests or obtains a record containing personal
21 information from an agency under false pretenses shall be guilty of a
                                                                     VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 25 of 26
1 misdemeanor and fined not more than $5,000.00 per violation or imprisoned
2 not more than one year, or both.
3    (c) Except for disclosures that are otherwise required or permitted by law,
4 the intentional disclosure of medical, psychiatric, or psychological information
5 in violation of the disclosure provisions of this chapter is punishable as a
6 misdemeanor if the wrongful disclosure results in economic loss or personal
7 injury to the individual to whom the information pertains.
8 § 4638. CONSTRUCTION WITH OTHER LAWS
9    (a) This chapter shall be construed to supersede any other provision of
10 State law, including those that authorize an agency to withhold from an
11 individual a record containing personal information that is otherwise accessible
12 under the provisions of this chapter.
13    (b) This chapter shall not be deemed to abridge or limit the rights of
14 litigants, including parties to administrative proceedings, under the laws, or
15 case law, of discovery of this State.
16    (c) Nothing in this chapter shall be construed to authorize the disclosure of
17 any record containing personal information, other than to the subject of such
18 record, in violation of any other law.
19    (d) Nothing in this chapter shall be construed to revoke, modify, or alter in
20 any manner any statutory provision or any judicial decision that authorizes an
                                                                    VT LEG #385240 v.1
 BILL AS INTRODUCED  H.791
 2026  Page 26 of 26
1 individual to gain access to any law enforcement record, or authorizes
2 discovery in criminal or civil litigation.
3 Sec. 2. RULEMAKING
4    The Agency of Administration shall adopt rules pursuant to 20 V.S.A.
5 § 4635 on or before March 1, 2027. The Agency shall have the support of the
6 Agency of Digital Services and the State Archivist in developing the rules that
7 further the intent of this act.
8 Sec. 3. EFFECTIVE DATES
9    This act shall take effect on July 1, 2027, except that this section (effective
10 dates) and in Sec. 1 (20 V.S.A. § 4635; rulemaking) shall take effect on
11 passage.
                                                                     VT LEG #385240 v.1