Pub. L. 109-162, tit. VI, sec. 605
AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT. Section 423 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11383) is amended—(1) by adding at the end of subsection (a) the following: “(8) Confidentiality.—“(A) Victim service providers.—In the course of awarding grants or implementing programs under this subsection, the Secretary shall instruct any victim service provider that is a recipient or subgrantee not to disclose for purposes of a Homeless Management Information System personally identifying information about any client. The Secretary may, after public notice and comment, require or ask such recipients and subgrantees to disclose for purposes of a Homeless Management Information System non-personally identifying data that has been de-identified, encrypted, or otherwise encoded. Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this paragraph for victims of domestic violence, dating violence, sexual assault, or stalking. “(B) Definitions.—“(i) Personally identifying information or personal information.—The term ‘personally identifying information’ or ‘personal information’ means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, including—“(I) a first and last name; “(II) a home or other physical address; “(III) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); “(IV) a social security number; and “(V) any other information, including date of birth, racial or ethnic background, or religious affiliation, that, in combination with any other non-personally identifying information would serve to identify any individual. “(ii) Victim service provider.—The term ‘victim service provider’ or ‘victim service providers’ means a nonprofit, nongovernmental organization including rape crisis centers, battered women’s shelters, domestic violence transitional housing programs, and other programs whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking.”.