Relating to access to criminal history record information by the office of the attorney general.
The bill directly affects state laws surrounding the management and disclosure of criminal history information. Specifically, it imposes restrictions on how this information can be shared—limited to court orders or the consent of the individuals involved. Additionally, once the OAG uses this information for its stated purposes, it is required to destroy said data, emphasizing protection of privacy.
SB1081 seeks to amend the Government Code regarding the access to criminal history record information by the Texas Office of the Attorney General (OAG). This legislation would enable the OAG to obtain and utilize criminal history data from the Department of Public Safety and other law enforcement agencies for individuals applying for employment with the OAG, as well as those seeking to enter contracts with the office. Notably, this applies not only to applicants themselves but also to their employees and subcontractors, thereby broadening the scope of the legislation's impact on the contractors involved with the OAG.
Some points of contention have arisen regarding privacy rights and the extent of access to such sensitive information by the state. Concerns have been raised about potential misuse of the data or its implications on the fairness of hiring practices. Furthermore, the requirement for the OAG to obtain consent may be viewed as a double-edged sword, ensuring privacy while possibly complicating the hiring process for certain roles. Overall, while the bill aims to streamline the hiring and contracting process for the OAG, it also raises questions about the balance between accessibility of information and individuals' rights to privacy.