Felons and Privacy in California

California has always been on the cutting edge of consumer law. This is especially true when in comes to privacy matters. California’s laws are among the strongest in the United States.

While many of us sit and marvel at the lack of common sense used in the implementation of certain laws, California has gone out of its way to implement some truly consumer-friendly privacy laws. One of these is a law that bars the use of felons for jobs that require them to handle personal consumer information.

In case you are not aware of it, many of largest companies in the country have contracted with state prison systems to provide them with labor. And why not? The country has plenty of inmates and the companies can contract for them at bargain prices.

Unfortunately, many of the positions that inmates fill under these contracts involve direct interface with consumers, and order entry. For instance, certain airlines have contracted with prison systems to provide reservation agents. This is particularly frightening because not only do you provide the airline with your address information, but you will probably also provide the agent with a credit card number to purchase your ticket.

With the advent of CAPPS II, you may be required to furnish airline reservation agents with your Social Security Number, in the not too distant future. To recap, this means that when you make an airline reservation, you may be furnishing your name, address, phone number, Social Security Number and credit card number to someone who is living out their life in an eight by ten cell. Just to make you feel a little more comfortable, perhaps your particular agent is in for financial crimes… say identity theft. So much for your privacy and financial security. Just pray that the voice on the other end of the phone isn’t making entries in a personal notebook that they plan to use once they get out!

Now, to be fair, its not only airlines that use prisoners, and not all airlines have contracts like this. The point is, when you place a call to a company requesting service, you shouldn’t have to worry about protecting your privacy from the person on the other end of the line.

California agrees!

California law now prohibits the use of prisoners for any job that requires them to deal with personal consumer data. The law covers both the adult and juvenile prison systems in the state.

Does this mean that if you are a California resident, you are protected? Well, not entirely.

The law only addresses the use of California prisoners in such jobs. It doesn’t address the fact that companies contract with a variety of prison systems across the country. Since you have no guarantee that when you place a call from California to an 800 number, that the call will be answered in California, there is still a risk to your privacy.

Still, California’s law is at least an attempt to correct a real problem and it should be applauded for what it is; a good first step.

by Jim Malmberg