Oregon Statutes 30.835 – Action for improper disclosure of private information; attorney fees
(1) As used in this section:
Terms Used In Oregon Statutes 30.835
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a) ‘Disclose’ includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.
(b) ‘Injure’ means to subject another to bodily injury or death.
(c) ‘Harass’ means to subject another to severe emotional distress such that the individual experiences anxiety, fear, torment or apprehension that may or may not result in a physical manifestation of severe emotional distress or a mental health diagnosis and is protracted rather than merely trivial or transitory.
(d) ‘Personal information’ means:
(A) The plaintiff‘s home address, personal electronic mail address, personal phone number or Social Security number;
(B) Contact information for the plaintiff’s employer;
(C) Contact information for a family member of the plaintiff;
(D) Photographs of the plaintiff’s children; or
(E) Identification of the school that the plaintiff’s children attend.
(e) ‘Stalk’ means conduct constituting the crime of stalking under ORS § 163.732 or conduct that would give rise to an action for issuance or violation of a stalking protective order under ORS § 30.866.
(2) A plaintiff has a cause of action for improper disclosure of private information if the plaintiff establishes by a preponderance of the evidence that:
(a) The defendant, with the intent to stalk, harass or injure the plaintiff, knowingly caused personal information to be disclosed;
(b) The defendant knew or reasonably should have known that the plaintiff did not consent to the disclosure;
(c) The plaintiff is stalked, harassed or injured by the disclosure; and
(d) A reasonable person would be stalked, harassed or injured by the disclosure.
(3) A plaintiff who prevails in a claim under this section may recover:
(a) Economic and noneconomic damages, as those terms are defined in ORS § 31.710;
(b) Punitive damages;
(c) Injunctive relief;
(d) Reasonable attorney fees; and
(e) Any other appropriate equitable relief.
(4) An action under this section must be commenced not later than two years after the conduct that gives rise to a claim for relief occurred. [2021 c.300 § 1]
[1975 c.562 § 1; renumbered 31.980 in 2003]