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Legislative Update from NCISS Legislative Committee and Lobbyit

NCISS Legislative Topics of Interest – LobbyIt Monitoring

Areas of interest for NCISS
• Bills allowing people to scrub their personal data and limit it being sold by databases.
• Data privacy bills.
• Access to court records. Access to criminal court records with date of birth (DOB) identifiers, any bills talking
about removing of DOB from records or sealing records after a certain amount of time.
• Criminal Justice Reform – good stuff but sometimes they bury data access or use restrictions.
• DMV law changes & access or restrictions to consumer info.
• Anything related to use of GPS trackers for vehicles.
• Window tinting.
• Any laws about surveillance capabilities.
• Any laws about investigative licensure.
• Commercial use of drone laws.
• Anything challenging or updating the Gramm-Leach-Bliley Act.
• Anything changing or updating the Drivers Privacy Protection Act (DPPA).
• Changes to subcontractor status (Pro Act, or Protect the Rights to Organize Act-though about unions there is a
part in it about independent contractors).
• Bills or changes that limit or prohibit “pretexting”.
• Any adaptations to how investigators and security professionals can structure their business entity (ex: if they
can be an LLC or not).
• Public Records access laws, Any changes to FOIA.
• Access to police reports, traffic collision reports.
• Bills dealing with fugitive recovery operations and bonds.

If Your Investigative Subjects Could Remove Their Personal Data From the Data Sources You Use?
by Kelly Cory, NCISS Vice President

The California Consumer Privacy Act (CCPA) in California is now the law of the land. Californians can now request that
their personal data be removed and not sold. A National bill is in the works now to do the same for all consumers in the
United States. That National bill has been called the American Data Privacy & Protection Act, and more recently,
Promoting U.S. Innovation and Individual Liberty through a National Standard for Data Privacy. These bills are on NCISS’s
radar and you should also be aware.

In a recent case, my California company was requested run a litigation search on a person to identify their lawsuit
history. First, we needed to develop an address history to see where all she has resided in order to know which
jurisdictions to search for court record. We had the person's name, a California address, two out of state phone
numbers, sibling names, parent names, year in which she moved to Goleta, California from Washington state, a website
for her father's winery as well as an obituary for her deceased sister. This should have been more than enough
information to conduct the investigation. However, after running research nearly every possible way, she was a ghost!
We found profiles on her relatives, but nothing connecting to her. Her known California address showed no one
remotely with her name in association. She apparently used the CCPA to scrub her California data and removed her
Personal Identifying Information (PII) from the particular database/credit header we accessed.

However, we found her through a back door. We ran her out of state telephone number to see who had used it. Bingo-
she popped up. The hitch was that the profile we were able to develop for her contained no California data. Only her
Washington state addresses, out of state phone numbers etc. were available. We confirmed it was her because the
relatives were named on that profile. So after finding and identifying her, we were able to develop a partial (out of state)

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