Property protection bill passes House; critics say it stifles whistle-blowers

A bill designed to protect property owners from data breeches and corporate espionage easily passed the N.C. House on Wednesday after supporters said it would not stymie genuine whistle-blowers.

House Bill 405 passed 100-18 with bipartisan support. It now heads to the Senate.

It prevents anyone from placing an unattended camera or other surveillance device in a business, but doesn’t preclude someone posing as a customer or visitor from having a hidden camera or recording device on them.

“Currently North Carolina’s weak property protection laws put businesses as well as their costumers at serious risks,” said Republican Rep. John Szoka of Fayetteville, a chief sponsor.

The vote came a day after critics compared the measure to so-called “ag gag” bills designed to stifle those who would call attention to instances of animal cruelty or practices that would jeopardize food safety.

Surreptitious videos taken by whistle-blowers have exposed criminal violations in industries such as agriculture. The videos have exposed instances of animal cruelty, mishandling of food and violations of environmental regulations.

Democratic Rep. Rick Glazier of Fayetteville told colleagues that the bill is unlike an “ag gag” bill filed last session.

“This isn’t it,” he said. “That’s a misnomer here, and I think it’s being used against the bill in a way it shouldn’t be.”

The N.C. bill covers all businesses, not just agriculture. But other critics said it would stifle investigations of illegal activity.

Mark Prak, an attorney who represents the N.C. Association of Broadcasters and the N.C. Press Association, called it “an attempt to dry up sources who would talk to (a reporter) or be inclined to talk about illegal conduct.”

“Their desire is to keep people who get the news from access to certain kind of sources.”

Supporters disagreed.

“It does not disrupt any whistle-blower protected act,” Szoka said. “It does not infringe on freedom of the press.”

Glazier said under the latest version of the bill, the only person targeted would be somebody who gets himself hired intentionally for the purpose of stealing information.

Some critics don’t like the bill, even with the changes.

Chloe Waterman of the American Society for the Prevention of Cruelty to Animals has said the measure would “undermine consumer confidence in agriculture and it would protect criminals.”

Rep. Rodney Moore, a Charlotte Democrat who co-sponsored the bill, said it would protect property owners from industrial espionage and data thefts.

“It’s protecting property owners’ rights from people who trespass on their property for unsavory reasons,” he said.

This story was originally published April 22, 2015 at 5:54 PM with the headline "Property protection bill passes House; critics say it stifles whistle-blowers."