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Who cares
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Sponsors
14 Co-sponsors
History
- Reported referred to codes
- Referred to consumer affairs and protection
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A11113
Title of bill
An act to amend the general business law and the correction law, in relation to the processing of personal identifying information
Purpose or general idea of bill
The purpose of this bill is to prohibit prison inmates from accessing, collecting or performing data processing of personal identifying information pertaining to New York State residents.
Summary of specific provisions
Section 1 of the bill would prohibit the knowing use of any inmate labor for the accessing, collection or processing of personal identifying information of residents of New York State.
Section 2 would amend section 170 of the Correction Law to clarify that the existing prohibition on contracting out any labor or time of any inmate in any State or local correctional facility shall apply to inmates engaged in whole or in part in obtaining access to, collecting or processing personal identifying information pertaining to a New York State resident.
Justification
Advancements in computer science are having revolutionary impacts on our lives. The information revolution has created exciting opportunities for all of us. However, while instant access to more information can have positive effects, this technology can also be manipulated by those who want to take advantage of the unsuspecting. Individuals are losing control over personal and sensitive information and lifestyle data.
Most people are unaware of the fact that information concerning their private lives and public records may pass through the fingers of inmates. Some data companies, information brokers and others have used prison inmates, including violent felons, to compile and enter sensitive identifying information into databases.
In once instance, Metromail, which at the time was a prominent list broker that possessed information on 90 percent of the nation's households, used inmate labor to process survey data that was mailed to post office boxes in New York and Nebraska. As a result, an Ohio grandmother, who received a sexually graphic letter from a convicted rapist at a Texas prison, and other New York plaintiffs participated in a class action suit filed against the company.
Prisoner access to this type of information has led to incidents where inmates have sent obscene and threatening letters to unsuspecting people. In addition to this potentially dangerous consequence, prison inmates gaining access to personal information can encourage or promote identity theft and other criminal activities.
Besides the risks to public safety, or at least the perception of such, and privacy concerns, this practice raises questions with respect to the public policy of encouraging the development of the types of jobs that should be held by tax-paying civilians. Prison industries are intended to teach skills to inmates which will serve them well when they are released. Given the sensitive nature of personal information, most employers would be reluctant to employ ex-offenders to be telemarketers and information specialists.
The public is making it increasingly clear that they are worried about the wide distribution of personal information and what, ultimately, others may do with this information or construe it to mean. Several studies and surveys have revealed that consumers are very concerned about this breach of privacy.
Prior legislative history
Similar to: 2007-2008: A.69 - referred to Consumer Affairs and Protection 2005-2006: A.660 - referred to Consumer Affairs and Protection 2003-2004: A.5157 - referred to Consumer Affairs and Protection 2001-2002: A-5776/S.881 - reported to codes.
Fiscal implications for state and local governments
Unknown.
Effective date
90 days following enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.