House Bill 320 — Criminal justice data system

House Bill 320 — Criminal justice data system

by
Parrish Miller
January 24, 2020
Parrish Miller
January 24, 2020

Bill description: HB 320 creates the framework for a new government program known as the Criminal Justice Integrated Data System.

Rating: -4

Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?

HB 320 endows the Idaho State Controller's office with statutory authority to implement and fund a new government program known as the Criminal Justice Integrated Data System.

(-1)

Does it increase government spending (for objectionable purposes) or debt? Conversely, does it decrease government spending or debt?

HB 320 will increase state general fund spending by $300k annually and require hiring two new full-time government employees.

(-1)

Does it violate the spirit or the letter of either the US Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

The Criminal Justice Integrated Data System created by HB 320 exists for the purpose of sharing personal information and individual data among government entities. This represents a severe and ongoing threat to the privacy of any individual whose data is in the system. While the bill exempts the information contained in the system from being disclosed to the public, it does not protect the information from being seen by the government, which is, of course, the primary threat to individual privacy.

(-1)

Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?

Among the government entities that are to be granted access to personal information and individual data are "federal agencies" according to the bill's legislative intent subsection. The state of Idaho will give the federal government the ability to "share, integrate, merge, observe, examine, and research" this information. The state will retain no control over what the federal government does with this information.

(-1)

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