Government Data Collection and Dissemination Practices Act; limitation on collection. (HB1673)
Introduced By
Del. Rich Anderson (R-Woodbridge) with support from 6 copatrons, whose average partisan position is:
Those copatrons are Del. Betsy Carr (D-Richmond), Del. Tag Greason (R-Potomac Falls), Del. Tim Hugo (R-Centreville), Del. Dave LaRock (R-Loudoun), Del. Sam Rasoul (D-Roanoke), Sen. Dick Black (R-Leesburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✗ |
Signed by Governor |
✗ |
Became Law |
Description
Government Data Collection and Dissemination Practices Act; limitation on collection and use of personal information by law enforcement. Limits the ability of law-enforcement and regulatory agencies to use technology to collect and maintain personal information on individuals and organizations where a warrant has not been issued and there is no reasonable suspicion of criminal activity by the individual or organization. The bill codifies an opinion of the Attorney General regarding the Government Data Collection and Dissemination Practices Act. The bill also allows a law-enforcement agency to collect information from a license plate reader, provided that any information collected shall only be retained for seven days and shall only be used for the investigation of a crime or a report of a missing person. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 01/09/2015 | Prefiled and ordered printed; offered 01/14/15 15102702D |
| 01/09/2015 | Referred to Committee for Courts of Justice |
| 01/15/2015 | Assigned Courts sub: Criminal Law |
| 01/21/2015 | Referred from Courts of Justice |
| 01/21/2015 | Referred to Committee on Militia, Police and Public Safety |
| 01/30/2015 | Assigned MPPS sub: #2 |
| 02/06/2015 | Reported from Militia, Police and Public Safety with amendments (17-Y 4-N) (see vote tally) |
| 02/07/2015 | Read first time |
| 02/09/2015 | Read second time |
| 02/09/2015 | Committee amendments agreed to |
| 02/09/2015 | Pending question ordered |
| 02/09/2015 | Amendment #1 by Delegate Miller rejected |
| 02/09/2015 | Amendment #2 by Delegate Miller agreed to |
| 02/09/2015 | Engrossed by House as amended HB1673E |
| 02/09/2015 | Printed as engrossed 15102702D-E |
| 02/10/2015 | Read third time and passed House (89-Y 11-N) |
| 02/10/2015 | VOTE: PASSAGE (89-Y 11-N) (see vote tally) |
| 02/11/2015 | Constitutional reading dispensed |
| 02/11/2015 | Referred to Committee on General Laws and Technology |
| 02/16/2015 | Reported from General Laws and Technology with substitute (13-Y 0-N) (see vote tally) |
| 02/16/2015 | Committee substitute printed 15105129D-S1 |
| 02/18/2015 | Constitutional reading dispensed (38-Y 0-N) (see vote tally) |
| 02/19/2015 | Read third time |
| 02/19/2015 | Reading of substitute waived |
| 02/19/2015 | Committee substitute agreed to 15105129D-S1 |
| 02/19/2015 | Engrossed by Senate - committee substitute HB1673S1 |
| 02/19/2015 | Passed Senate with substitute (38-Y 0-N) (see vote tally) |
| 02/20/2015 | Placed on Calendar |
| 02/23/2015 | Senate substitute rejected by House 15105129D-S1 (2-Y 95-N) |
| 02/23/2015 | VOTE: REJECTED (2-Y 95-N) (see vote tally) |
| 02/23/2015 | Impact statement from DPB (HB1673S1) |
| 02/24/2015 | Senate insisted on substitute (39-Y 0-N) (see vote tally) |
| 02/24/2015 | Senate requested conference committee |
| 02/25/2015 | House acceded to request |
| 02/25/2015 | Conferees appointed by House |
| 02/25/2015 | Delegates: Anderson, Cline, Rasoul |
| 02/25/2015 | Conferees appointed by Senate |
| 02/25/2015 | Senators: Petersen, Garrett, Stuart |
| 02/26/2015 | C Amended by conference committee |
| 02/26/2015 | Conference substitute printed 15105626D-H1 |
| 02/26/2015 | Conference report agreed to by House (94-Y 2-N) |
| 02/26/2015 | VOTE: ADOPTION (94-Y 2-N) (see vote tally) |
| 02/27/2015 | Impact statement from DPB (HB1673H1) |
| 02/27/2015 | Conference report agreed to by Senate (37-Y 0-N) (see vote tally) |
| 03/06/2015 | Enrolled |
| 03/06/2015 | Bill text as passed House and Senate (HB1673ER) |
| 03/06/2015 | Impact statement from DPB (HB1673ER) |
| 03/06/2015 | Signed by Speaker |
| 03/07/2015 | Signed by President |
| 03/10/2015 | Enrolled Bill communicated to Governor on 3/10/15 |
| 03/10/2015 | G Governor's Action Deadline Midnight, Sunday, March 29, 2015 |
| 03/27/2015 | Governor's recommendation received by House |
| 04/14/2015 | Placed on Calendar |
| 04/15/2015 | Pending question ordered |
| 04/15/2015 | House concurred in Governor's recommendation #1 (54-Y 44-N) |
| 04/15/2015 | VOTE: ADOPTION (54-Y 44-N) (see vote tally) |
| 04/15/2015 | House concurred in Governor's recommendation #2 and #8 (86-Y 11-N) |
| 04/15/2015 | VOTE: ADOPTION (86-Y 11-N) (see vote tally) |
| 04/15/2015 | House rejected Governor's recommendation #'s 3, 4 ,5, 6 and 7 (27-Y 71-N) |
| 04/15/2015 | VOTE: REJECTED (27-Y 71-N) (see vote tally) |
| 04/15/2015 | Passed by temporarily |
| 04/15/2015 | Senate concurred in Governor's recommendations #1, #2, #8 (38-Y 1-N) (see vote tally) |
| 04/15/2015 | G Governor's recommendation adopted in-part |
| 04/15/2015 | Reenrolled |
| 04/15/2015 | Reenrolled bill text (HB1673ER2) |
| 04/15/2015 | Signed by Speaker as reenrolled |
| 04/15/2015 | Signed by President as reenrolled |
| 04/15/2015 | Communicated to Governor |
| 04/30/2015 | G Vetoed by Governor |
Comments
The ACLU of Virginia believes that current law prohibits passive collection of personal information by police but supports legislation, such as HB 1673, which would clarify the limitations on use of ALPR’s by government agencies in accordance with former Attorney General Cuccinelli’s February 2013 opinion that concluded that the “passive” use of ALPRs to create massive databases violates Virginia’s Government Data Collection and Dissemination Practices Act. The ACLU of Virginia supports passage of legislation that would rein in the surveillance of Virginians not suspected of any criminal activity, but opposes allowing maintenance of data from ALPR's not related to an active criminal investigation for longer than 24 hours.
ISSUE: Inclusion of Administrative Warrants in the Bill
The text includes the following: "Unless a criminal or administrative warrant has been issued, law-enforcement and regulatory agencies shall not use any technology to collect or maintain personal information in a passive manner..."
Including "administrative warrants" opens a wide gap in the intended purpose of this bill. Such warrants, generally employed by regulatory agencies but also used by law enforcement, dispense with the formal requirements of search warrants (probable cause, etc.) and take the form of administrative decisions lacking independent judicial review and oversight. In Massachusetts there currently are cases involving administrative subpoenas for cell phone metadata issued by prosecutors in non-consensual searches by simply filing a form, no formal warrant required. Should administrative warrants be included in the Bill, a municipal department in Virginia under an administrative warrant authorizing code enforcement by drone surveillance could, as an example, ignore the express intent and requirements of the statute.