Tuesday, April 23, 2019

Perhaps Its Time to Examine Your Contract Portfolio Mix

The California Assembly has introduced legislation that would restrict the State and localities from entering into contracts with companies that work with Federal immigration agencies. The Bill, known as AB 1332, would specifically prohibit a state or local agency from entering into a new, amended, or extended contract or agreement with any person or entity that provides a federal immigration agency with any data broker, extreme vetting, or detention facilities services.

There's a few new definitions here that need to be examined; data broker, detention facility, extreme vetting, and Federal immigration agency.

A data broker means the collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling that information to their customers, which include both private sector businesses and government agencies. This definition also includes the aggregation of data that was collected for another purpose different from that for which it is ultimately used. This seems like a very broad definition that would include Google and a host of other web-based data mining companies.

Detention facilities means any private party that provides transportation, identification, processing, security, maintenance, or other operational support to a private or public facility intended or actually used for immigration detention purposes..

Extreme vetting means data mining, threat modeling, predictive risk analysis, or other similar service.

Federal immigration agency means any department, subdivision, agency, or agent of the United States government that provides immigration-related services, including, but not limited to, Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), Health and Human Services Office of Refugee Resettlement, and the Department of Homeland Security (DHS).

For purposes of determining which person or entity provides a federal immigration agency with data broker, extreme vetting, or detention facilities services, the state or local agency shall consider all of the following:

  • information published by reliable sources
  • information released by public agencies
  • a declaration under the penalty of perjury executed by the person or entity, affirming that they do not provide data broker, extreme vetting, or detention facilities services to a federal immigration agency
  • \information submitted to the state or local agency by any member of the public, and thereafter duly verified.

Wonder how far this law will get? Wonder what the consequences will be if it is passed into law?

The full text of the proposed legislation can be found here.

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