Provides relative to the commercial use of certain criminal records. (8/1/18)
If enacted, SB 388 will significantly reshape how criminal and juvenile records are handled and disclosed in Louisiana. The bill imposes duties on businesses engaged in the publication of such information, mandating them to verify the completeness and accuracy of the criminal records they publish. Any violations could lead to civil penalties, including claims for damages from individuals whose information has been improperly published. This mandates business entities to be accountable and responsive to disputes, potentially changing the landscape for businesses that operate within this sector.
Senate Bill 388 provides new regulations regarding the publication of certain criminal and juvenile records by business entities. It establishes clear definitions of what constitutes confidential criminal record information and juvenile record information, prohibiting the publication of such information unless it adheres to strict criteria set forth in the bill. Important provisions include requirements for accuracy and completeness of the published information, ensuring that individuals can dispute any inaccuracies reported by these business entities. While the bill aims to enhance the protection of sensitive information, it allows for some exceptions based on consent or other legal provisions.
The sentiment surrounding SB 388 appears to be largely supportive among legislators seeking to protect the privacy of individuals with criminal records, especially minors. Advocates argue that the bill addresses a critical gap in privacy protection in an era where personal information can be easily disseminated. However, there may exist apprehensions among businesses in the information publication sector concerning the implications of maintaining compliance with these new regulations and the financial liabilities of potential violations.
One of the notable points of contention surrounding SB 388 lies in the balance between public information dissemination and individual privacy rights. Supporters emphasize the necessity of protecting juvenile records and preventing their exploitation in ways that could harm the individuals' future opportunities. Conversely, criticisms may arise from those concerned that overly stringent regulations could inhibit the ability of businesses to operate efficiently, particularly those reliant on public information. The bill sets a critical precedent in defining how sensitive personal information is treated in the public domain.