Tennessee Senate Bill SB1689

Tennessee 2025-2026 Regular Session

• Introduced: 1/14/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 10, Chapter 7, Part 5; Title 12; Title 37, Chapter 2, Part 4; Title 39; Title 47, Chapter 18, Part 33; Title 49, Chapter 7, Part 8; Title 55, Chapter 25; Title 62, Chapter 36; Title 63, Chapter 10, Part 4; Title 66, Chapter 29, Part 1 and Title 68, Chapter 18, Part 2, relative to public records.

Summary

SB1689 amends Tennessee’s public records law to restrict the commercial use of personal identifying information obtained from a governmental entity through a public records request. The bill defines “personal identifying information” for this purpose as a person’s home and work addresses, telephone numbers, and Social Security number, and defines “governmental entity” broadly to include the state and its political subdivisions. Under the bill, a person who requests records containing this information must present valid identification and sign an affidavit, prescribed by the Office of Open Records Counsel, stating that the information will not be used or sold for commercial purposes. The bill creates an offense for using such information obtained from a governmental entity with the intent to use or sell it commercially, unless the individual expressly authorizes that use.

Impact

The bill would add a new restriction to Tennessee Code Annotated § 10-7-504 and operate alongside the Tennessee Information Protection Act. It would make misuse of public-records-derived personal identifying information a Class B misdemeanor punishable by a $500 fine, with each affected individual constituting a separate offense. The practical effect is to limit how requesters, businesses, and data brokers may use certain personal information obtained from government records, while preserving authorized commercial use when the individual consents.

Sentiment

The available record does not include committee debate or recorded votes, so there is no direct evidence of support or opposition from the legislative process in the materials provided. Based on the bill text, the measure appears to reflect a privacy-protection approach to public records rather than a broad restriction on access, suggesting a generally protective policy intent toward individuals’ personal information.

Contention

The main point of potential contention is the balance between public records access and privacy/commercial-use restrictions. Supporters would likely view the bill as a safeguard against data harvesting, identity misuse, and unwanted commercial exploitation of information released by government agencies. Opponents or critics could argue that the affidavit requirement and criminal penalty may burden legitimate requesters, journalists, researchers, or businesses that rely on public records, and that the bill narrows the practical utility of otherwise public information.