On February 24, Executive Director Michael Sanderson gave in person testimony on behalf of Sarah Sample before the Economic Matters Committee in opposition to HB 711 – Data Privacy – Consumer Data, Public Records, and Message Switching System (Data Privacy Act).
In pursuit of a policy on sharing data with outside agencies who may use it for immigration enforcement, the bill creates a largely unworkable matrix of custodian mandates, exposing good faith government employees to personal liability under unreasonable expectations.
Ultimately, this bill would fundamentally alter how county governments process public records requests in cases where information could potentially be used for immigration enforcement.
Counties share the goal of protecting sensitive personal information and preserving public trust in open government. However, MACo argues that the bill would impose an unworkable and legally risky framework on local record custodians. By requiring subjective assessments of a requestor’s intent, the bill creates new exposure to personal liability, and potentially placing custodians in conflict with court-issued warrants. As such, the proposal would complicate established public information processes without resolving the underlying policy concerns it seeks to address.
The question of how best to ensure that privacy and access is maintained when
a record request is made to a local government is an important one to address. HB 711 unfortunately has the potential to further complicate an already challenging role and fall short of its overall goal.
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