Page 6 - Photographic Documentation - AFI-LLC Newsletter May 2021

Photographic Documentation - AFI-LLC Newsletter May 2021

SB 731 is drafted to completely close off access to all criminal records including felonies except sex offenses two years
after legal procedures are complete. Only Law enforcement and prosecutors will have access. The measure is so broad
that it is quite foreseeable that the provisions would endanger public safety. This information must also be available to
both sides in a criminal proceeding. In both criminal and civil litigation, this information is important. There are
numerous situations where the information an individual has been convicted of a crime can be of vital importance to the
protection of others.

Texas SB 15 and HB 2099 – DPPA Restrictions / Remove Exemptions
(Texas Association of Licensed Private Investigators – TALI – Legislative Committee – Randy Kildow)
Two bills that were filed: 1) SB15 eliminates private investigators having access to DMV records, strikes the DPPA
language almost entirely; and SB16 makes the sale of ANY information by the state forbidden. Randy Kildow at TALI met
with the Senator’s office on the DMV bill and were very receptive and indicated that they are going to include the
existing exemptions we use.

Then on 04/06/2021 HB 2099 was heard and Randy also testified. HB 2099 is similar to SB 15, and is more dangerous
than SB 15 as it eliminates almost every exemption to access to DMV record. Of course, that means the SB 15 exemption
the week prior has been struck.

Florida – FL HB969 (21R)/ FL SB1734 (21R) Consumer Privacy Bills; PI Services Sales Tax; Human Trafficking
(Florida Association of Licensed Private Investigators – FALI – Legislative Committee – Rick Root, President)
The bills resemble the California Consumer Privacy Act of 2018 and would give consumers more access to data collected
by companies and allow them to opt-out of the sale of the data. Both would allow consumers the right to access
personal information a business collects on them, the right to opt-out of the sale of their personal data, and to request a
business delete their personal data. The provisions would apply to companies with $25 million or more in global annual
revenue, annually buy data of more than 50,000 consumers for commercial purposes, or get 50 percent of their annual
revenues from selling data. Each violation could come with a $100 to $750 fine.

In addition, FALI continues to work with legislators on a bill to exempt private investigators from collection and paying
sales tax on services. FALI has worked with the Florida Department of Revenue and determined PIs contribution toward
tax revenue was about $280K annually – not the $12 million previously reported. Finally, FALI continues to monitor
various bills on human trafficking and the progress they are supporting.

Michigan – Courts Records Redacted of Personal Identifying Information
(Brandy Lord – NCISS At Large Director)
Michigan Supreme Court order AMD #2017-280 Amendment 1.109 and 8.119 filed 05/22/2019 and effective
01/01/2021. Michigan courts are required to redact Personal Identifying Information such as DOB’s and addresses. The
order expands by detailing what is to be redacted, “In order to protect privacy and address security concerns, it is
ordered that protected personal identifying information, as defined in court rule, filed with the state courts of Michigan
in any form or manner and for any purpose must be nonpublic.”

NCISS with National and State Associations Working Together
NCISS, working with state associations, is asking for help with the following:
• Who has a state DMV / Data / Privacy bill?
• Do you think it will pass or does it have enough support?
• How can NCISS and other associations assist?

The impetus for these restrictive bills we are low hanging fruit due to misconceptions of being shady and unprofessional.

NCISS continues to work with associations to monitor the aggressive nature of state legislatures and agencies restricting
lawful access to these important records and information for the public health and safety work by private investigators.

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