Torts; cause of action for appropriating an individual's indicia of identity; provide
Impact
The passage of SB354 will significantly impact state tort laws by introducing a distinct cause of action for identity appropriation. This will provide greater legal recourse to individuals against unauthorized commercial exploitation of their identity, thereby aiming to enhance personal privacy rights. The law would benefit both living individuals and the heirs of deceased individuals by granting them prolonged rights over their identity use beyond their lifetime, thus potentially influencing various fields such as marketing, advertising, and entertainment.
Summary
Senate Bill 354 aims to amend the Official Code of Georgia to establish a legal framework for protecting an individual's identity against unauthorized appropriation. The bill defines 'indicia of identity' to include a wide range of personal identifiers such as an individual's image, voice, signature, and unique physical traits. Under this new legislation, individuals will have the right to sue for unauthorized use of these identifiers, which includes the right to seek damages for any profits gained from their appropriation. This law specifically emphasizes the necessity of obtaining prior consent from individuals, particularly in cases involving minors or deceased persons, before their identity can be utilized.
Contention
While the bill enjoys support for its intent to protect individual rights, concerns have been raised about potential overreach, particularly regarding First Amendment implications. Provisions in SB354 include exceptions for artistic expression and journalism, yet critics argue that the commercialization of personal identity may still infringe on freedoms of expression and creativity. Notably, public figures will have different stipulations concerning the rights to their identity, with the bill indicating that the rights could be extinguished after a set period post-death unless assigned or licensed during their lifetime.
Education; provide for a cause of action by aggrieved students against local education agencies for breach of duty to provide an adequate public education
Property; clerks of superior courts obtain photographic identification cards of individuals who present deeds or other instruments for recording; require
Buildings and housing; comprehensive state civil rights law protecting individuals from discrimination in housing, public accommodations, and employment; provide
Criminal procedure: arrests; required removal of religious head coverings for police photographs; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 25c to ch. IV.