Maine Lawmakers Think Restricted Access Could Prevent Fraud

Maine lawmakers have proposed restricting public access to birth and marriage records as a way to combat fraud and identity theft. The lawmakers are considering restricting access despite any evidence that misuse of birth or marriage records have lead to any cases of identity theft or fraud in the state.

Read more about it here.

Birth Dates Battle at the Texas Supreme Court

The Texas Supreme Court heard oral arguments regarding whether the birth dates of approximately 145,000 state workers are public records. The case stems from a 2005 request from The Dallas Morning News for an updated state payroll database. The Texas Comptroller refused to provide the birth dates for the state workers, arguing the release of birth dates could lead to identity theft. Open records advocates note that such information is available from other public records, including voter registration polls.

The case is Texas Comptroller of Public Accounts vs. Attorney General of Texas and The Dallas Morning News. For more information, click here.

Oklahoma City Refuses to Release Employee Birth Dates, Citing Identity Theft Concerns

In what one open government expert calls "absurd" and a misinterpretation of a law designed to prevent the state Public Safety Department from releasing their driver's license records, Oklahoma City officials denied the request of The Oklahoman for a city employee's date of birth. In denying the request, the city cited two exceptions to the Oklahoma Open Records Act, which prevent the disclosure of "personal information within driver records" and records that "constitute a clearly unwarranted invasion of personal privacy."

Open records advocates criticize the city's refusal, saying there is no statistical or anecdotal evidence showing public records are a source for identity thieves. Experts also note that the information sought is not private because it can be located in other public records.

For the complete story, click here.

NFOIC Summit: Public access threats

Richard J. H. Varn, director of the Coalition for Sensible Public Records Access and the chief information officer for the City of San Antonio, spoke on the threats to and values of public access. Here's part one of notes on his 2009 NFOIC Summit session:

Threats to public access:

• Identity theft and security: The problem with identity theft is not with public records. It would flourish even if all access was cut off. A social security number is only worth about 10 cents on the black market. Concerns over identity theft, however, had led to more restrictions to public access than any other issue in the past couple decades. When public identifiers are not made public, it is nearly impossible to distinguish one person from another. It leads to more false positives and false negatives.
• Implementing public policies by redacting the truth: Because people with criminal records have difficulty finding jobs, apartments, etc., there has been a trend to expunge convictions from public records. However, this doesn't hide the fact that someone has been convicted. It's still in the police blotter archives, and a fellow co-worker could definitely reveal a prior conviction that another employee tried to hide. Redaction doesn't solve the problem. What would solve it is an employability of felons act. Facts can still be acted on. These people need rights.
  
• Increased fees beyond marginal cost and self-funding portal: Florida, for example, passed a cost increase to help solve its budget problems.
• Security concerns lead to overclassification.
  
• Coalition failures: Exemptions for media aren't enough. Citizens should have rights to the same information, and coalitions should champion for them. These citizens who request records are, after all, sometimes valuable sources.
• Private technology, public business: Using private e-mail accounts to conduct public business is ever increasing.
• New technology, same old issues: Just because it's Twitter or the latest social networking fad doesn't mean anyone is excused from providing access and charging only marginal costs.
• Enforcement failures: Obviously, many state coalitions are struggling to add teeth to their state's FOI laws.

Alabama House passes gun permit legislation

Legislation that would exempt gun permit records from public records laws pops up in yet another state: Alabama. Proponents of the bill say releasing such records could subject permit holders to harassment by special interest groups and could lead thieves to target them, WTVY News 4 reported.

The identities of people with permits to carry concealed handguns may soon be a secret in Alabama.

A bill supported by the National Rifle Association has passed the House and may soon pass the Senate.

When a gun owner applies for a permit there are all kinds of information they fill out on the document including social security number, height, weight, race and more.

More here.

More on Police Records in Arizona (with an appearance by yours truly...)

Days after officials announced plans to censor personal information from Phoenix police reports, clerks redacted birth dates and addresses from some public documents while releasing suspects' Social Security numbers on others.

Other reports showed how a new records policy unveiled last week could limit the potential for identity theft by erasing precise addresses, telephone numbers and other information from the written public record.

Phoenix City Manager Frank Fairbanks said the city began restricting public documents, at the request of city attorneys, to comply with an Arizona law designed to protect residents' personal information. Officials will also consider redacting personal information from other public records, such as notices of neighborhood code-enforcement violations.

More here.

Secret Victims, Secret Perps = No One Knows Anything

Phoenix police will begin withholding certain basic information on both victims and criminal suspects in reports released to the public, saying it's a way of curbing identity theft.

Personal identifying information such as names of injured victims, birth dates of criminals and the addresses where crimes are committed will be redacted completely from the written public record in some cases, officials said Wednesday.

City attorneys who advised the Police Department on the policy shift said the idea is to balance Arizona public-records law with a newer state statute that cites the government's obligation to secure residents from identity poachers.

Police public-information officers said they will immediately begin identifying criminal suspects by name, age and race only - not by date of birth, even if they are booked into jail. Victims' dates of birth also would be withheld.