Legislation protects Americans’ right to give freely and privately
WASHINGTON – Philanthropy Roundtable commends Sen. Todd Young (R-Indiana) and Sen. James Lankford (R-Oklahoma) for introducing the Protecting Charitable Giving Act. This legislation strengthens and reinforces the constitutional right to donor privacy by ensuring suitable penalties for criminals who leak Americans’ private information. Further, it expands the options for organizations and individuals to pursue criminal prosecution if their private donor information is leaked.
The U.S. Supreme Court reaffirmed donor privacy and the constitutional right to anonymous giving in 2021 in the AFPF v. Bonta decision. This legislation updates current law by increasing criminal penalties for those who may seek to target Americans based on their donations to charities.
“Philanthropy Roundtable thanks Senators Todd Young and James Lankford for their tireless efforts to preserve and strengthen America’s federal donor privacy laws that protect the rights and freedoms of generous Americans to support the causes and communities they care about most,” said Philanthropy Roundtable President and CEO Christie Herrera. “The Protecting Charitable Giving Act makes much-needed updates to the laws that protect charitable donors, and it grants new recourse to those whose private donor information has been leaked. The right to associate with others who share one’s values and beliefs—and to do so privately—is vital to preserving the freedom that lies at the heart of the American experiment.”
“Anonymous giving has long been a way for Americans to support philanthropic organizations that rely on generous charitable contributions,” Young said. “In recent years, donor privacy has been threatened on too many occasions. This legislation will address the disclosure of donor data to better protect both charitable organizations and their donors.”
“Nonprofits and their donors are an essential safety net for our communities—providing food, housing, and care to those who need it most,” Lankford said. “Oklahomans shouldn’t worry about their identities being made public after they provide a donation to a charitable organization. Millions of donors want to do something good without being recognized. We should honor their privacy as they care for others.”
