Legislation

Privacy Questions Delay Vote on Surveillance Cameras

May 9, 2012 - The Portland City Council this morning postponed a vote on a proposal that, if approved, would enable increased use of surveillance cameras by the Portland Police Bureau. The ACLU of Oregon testified in opposition to the proposal at last week's City Council meeting, raising concerns about the privacy implications of 24-hour video surveillance of perfectly legal activities of Portlanders in their everyday lives. At that meeting, the Council agreed to delay a vote on the proposal to allow for the Police Bureau to research and report on further specifics that might address the privacy concerns raised at the hearing. To allow for more time for the Bureau to do so, the Council delayed the vote again today. It is rescheduled for May 30.

CRIMINAL JUSTICE: Retention of Fingerprints by the State Police (HB 4091) (2012)

Representative Nancy Nathanson (D-Eugene) is a champion in the legislature of government efficiency. As Vice-Chair of the Joint Ways & Means Committee, which writes the state budget, the representative is constantly looking for ways to streamline government’s work to save the state money. To that end, she introduced HB 4091 to require the Department of Administrative Services (DAS) to convene a workgroup to examine and develop recommendations around how the state can improve its systems for performing criminal background checks.

PRIVACY: Law Enforcement Access to Medical and Financial Records of Elders (HB 4084) (2012)

HB 4084 came to the 2012 legislature as the product of the Elder Abuse Work Group that had met during the interim to discuss issues of crimes against elderly Oregonians and how we might amend the law to better protect this population. While many interests were well represented in the Work Group, including long-term care providers, law enforcement, community banks, and the state agency for human services, the group developed its recommendations without consideration of either a criminal defense or a privacy rights perspective. The result was a bill that significantly compromised the rights of Oregonians in both areas.

PRIVACY: Removes Informed Consent Requirement for HIV Testing (SB 1507) (2012)

Citing data about the importance of early detection of HIV and the burden of the required informed consent process before testing, a couple of resident physicians from Portland brought forth this bill with the intent to remove barriers to testing.

CRIMINAL JUSTICE: DNA Evidence Retention (SB 731) (2011)

This session, because of the evenly divided House, it was easier to stop than to pass a bill. The ACLU nevertheless spearheaded the passage of SB 731, culminating a ten-year effort to bring added protection to the criminal justice system regarding the preservation and use of evidence containing biological material (DNA) to prove innocence.

PRIVACY: Toll Way Consumer Protections (SB266) (2011)

The ACLU proposed SB 266, which would have provided consumer privacy protections if Oregon implements toll collection for roadways. We believe it is important that prior to use of toll collection in Oregon sufficient privacy protections for consumers be put in place. These protections include allowing a person to travel on a toll road anonymously (allowing for some means of cash payment), restricting the use of any personal information collected for any other purpose other than toll collection and requiring the government to provide sufficient information to consumers about their privacy protection options and rights.

SEARCH & SEIZURE: Police Road Blocks (HJR 25) (2011)

A constitutional amendment to weaken our search and seizure provision (Article I, section 9) of the Oregon Constitution was introduced for the third session in a row. HJR 25 would have amended the constitution to authorize law enforcement to use roadblocks to stop and question individuals to detect drunk drivers without any individualized suspicion of wrongdoing.

SEARCH & SEIZURE: Police Roadblocks (HB 3133) (2011)

HB 3133, the statutory companion to HJR 25 was intended to place uniform statutory requirements if law enforcement were to use roadblocks (assuming HJR 25 passed).

PRIVACY: Driver License Data Harvesting (HB 2615) (2011)

In 2009, the ACLU successfully sponsored legislation (HB 2371) that restricts the swiping of the barcode on Oregon Driver Licenses (ODL) through an electronic reader. The barcodes contain significant personal information, including name, date of birth (DOB), address, height, weight, gender, driver license number, driving restrictions and donor status.

PRIVACY: Prescription Database Monitoring Program (Proposed Amendment) (2011)

At the end of session we revisited the Prescription Database Monitoring Program (PDMP) law, which was passed over our strong objections in 2009 (SB 355).

CRIMINAL JUSTICE: DNA Testing of Individuals Arrested (SB 881) (2011)

This session, like last session, saw the introduction of a proposal to allow the collection of DNA from those arrested. SB 881, at the behest of Sen. Jackie Winters (R-Salem), would have required local law enforcement to collect a DNA sample of individuals arrested for any felony crimes committed against another person, all sex crimes and burglary in the first degree. SB 881 would have authorized the collection of biological evidence from individuals prior to any determination of guilt and without the requisite court order after a showing of probable cause.

CRIMINAL JUSTICE: Health Care Notification to Law Enforcement (HB 3085) (2011)

Introduced by Rep. Barker (D-Aloha), HB 3085 expands the requirement by health care providers to notify law enforcement of the results of a blood test performed in the course of treatment if the blood contains a controlled substance and the person is believed to have been the operator of a motor vehicle involved in an accident.

ACLU Raises Concerns Over City of Portland's Use of Photo Radar and Red Light Cameras

April 7, 2010 – ACLU of Oregon testified before Portland City Council raising concerns about the City’s use of photo radar and red light cameras.

PRIVACY: Government Database-“NO” to Real ID (SB 536, SB 128) (2009)

ACLU arranged for the introduction of SB 536, with 27 bipartisan co-sponsors, including the chief sponsor, Sen. Rick Metsger (D-Mount Hood), Chair of the Senate Business and Transportation Committee. SB 536 prohibits Oregon from expending any additional funds to implement the federal Real ID Act until there are sufficient federal funds and adequate privacy protections are put in place.

PRIVACY: Government Monitored Pharmacy Database (SB 355) (2009)

For the third time in as many sessions, the Board of Pharmacy introduced legislation, SB 355, to allow the state to create a statewide database to monitor the lawful prescriptions of controlled substance schedules II, III or IV issued to patients in Oregon. The database would cover all codeine-based products, most prescription pain medications and other prescription drugs such as Ambien, Ritalin and Xanax, prescribed to thousands of Oregonians, including children. Proponents expect the database will track more than five million Oregon prescriptions annually.

PRIVACY: Consumer Protection-Driver License Data Harvesting (HB 2371) (2009)

ACLU arranged for the introduction of HB 2371, which restricts businesses and government from swiping the barcode on the back of our Oregon driver licenses and state-issued identification cards. Electronic swiping of the barcode reveals almost all of the personal information contained on your license or ID card, including your name, address, date of birth, height, weight, gender, eye color, lens restrictions, donor status and license or ID card number.

PRIVACY: DNA-Creating DNA Retention Policy (SB 310) (2009)

SB 310 builds on Oregon’s DNA innocence law passed a few years ago allowing a person convicted of murder, a “person” felony or certain sex crimes to request testing of evidence for DNA that was obtained in the original criminal investigation. ACLU worked to pass what was a temporary law when it was first introduced in 2001 and led the effort in 2007 to make it a permanent part of Oregon law. That law establishes a procedure to request testing but does not address the question of retaining evidence so that it can be tested years later.

PRIVACY: Criminal History Background Checks for Employment & Licensing (HB 2187, HB 2217, HB 2224, HB 2442, HB 2988, HB 3427, SB 46, SB 66, SB 94, and SB 157) (2009)

Beginning in the 1990s, the Oregon legislature began authorizing FBI fingerprint criminal history checks for school teachers. Over the years, this authority has expanded greatly to include most state agencies that grant licenses or hire employees in “sensitive” positions. In 2005, ACLU worked on omnibus legislation in this area (HB 2157). We supported certain provisions of that proposal because it included new uniform safeguards and due process protections for all persons subject to FBI background checks and maintained the requirement that the fingerprints be destroyed after the background check.

DRUG POLICY: Medical Marijuana Discrimination (HB 2497, HB 2503 HB 2881 and HB 3052) (2009)

As we anticipated, a number of bills were introduced to allow employers to terminate an employee who is a medical marijuana cardholder without any evidence of actual impairment on the job. The ACLU opposed HB 2497, HB 2881 and HB 3052 (and had concerns about HB 2503) because in one form or another the bills included this type of power for employers.

Medical Marijuana Discrimination (HB 3635) (2008)

We anticipated legislation allowing employers to discriminate against employees who are medical marijuana cardholders. We defeated this proposal in 2007 mostly because time ran out before the

ACLU Lobbying Leads to Change in Portland Police Practices

New Rules Protect Death With Dignity and Medical Marijuana Acts

December 11, 2007 - As a result of ACLU of Oregon lobbying efforts with Portland Mayor Tom Potter, Portland Police Chief Rosie Sizer has issued an executive order that specifically prohibits any police assistance with investigations or prosecutions for persons who are acting under the authority of Oregon’s Death with Dignity or Medical Marijuana acts.

Oregon Drivers License Law (SB 1080) (2008)

In December 2007, by Executive Order, the Governor greatly restricted who would be eligible for Oregon driver licenses and state-issued ID cards by requiring proof of lawful presence in the country

Firefighters Fill the Boot (SB 1084) (2008)

One piece of unexpected legislation during this session was introduced by the Senate Majority leader on behalf of the firefighter’s union. Concerned that they could no longer run their annual