Relating to criminal history record information obtained or disseminated by certain private entities; providing a civil penalty.
If passed, SB128 would amend existing laws in the Government Code by introducing new accountability measures for private entities that compile and provide criminal history information. The intent is to protect individuals from the consequences of potentially outdated or erroneous criminal records. The law would impose civil penalties on those entities that fail to comply with the established rules, fostering a more responsible approach to handling personal data. This legislative change aims to create a more secure environment for individuals applying for jobs, licenses, or housing by ensuring that their criminal histories are accurately represented.
SB128 aims to regulate the handling and dissemination of criminal history records by private entities in Texas. The bill focuses on ensuring that these entities maintain accurate and up-to-date information, adhering to specific guidelines regarding the handling of criminal records. This includes provisions requiring private entities to destroy records upon receiving notice of expunction or nondisclosure orders, thus protecting individuals whose records have been legally cleared. Furthermore, the legislation mandates that entities provide clear disclosures to purchasers or recipients of such information, including the date when the information was last verified, enhancing transparency in the dissemination of sensitive data.
Discussion surrounding SB128 has revealed some contention, particularly regarding the balance between public safety and individual privacy rights. Proponents of the bill argue that it is necessary to curb the misuse and inaccurate dissemination of criminal history records that can unfairly impact individuals’ opportunities in employment, licensing, and housing. Conversely, critics express concerns about the potential for over-regulation, fearing it might hinder lawful access to important safety information that employers and landlords need when making informed decisions. The debate centers around finding the right balance between protecting individual rights and ensuring public safety.