Oklahoma Senator Rethinks Support for Bill to Keep Birth Dates Private

Oklahoma Senate Pro Tempore Glenn Coffee (R-Oklahoma City) signaled that he has reconsidered his position on a bill to keep public employees' birth dates confidential. He, along with the rest of the Oklahoma Senate, voted in favor of Senate Bill 1753 without debate or questions.

The Oklahoman quotes Coffee as saying, "Upon further review, I think I would have changed my vote. I think you have to have access to that information and the First Amendment matters, like all of the Constitution. We need to preciously guard that. Are there abuses? Sure. Does that mean you don't protect the First Amendment and what it stands for? No, I don't think so."

For more on the status of Senate Bill 1753, read here.

Bill to Make Public Employees' Birth Dates Private Passes Oklahoma Senate

The Oklahoma Senate passed a bill that would keep the birth dates of public employees confidential. Proponents say the measure would protect an employee's privacy, but open records advocates point out that birth dates are often the only way to identify an individual correctly from a database. For example, The Oklahoman compared state sex offender registry with the state's January payroll data and found that 778 state employees share first and last names with registered sex offenders. The overlap includes child care workers, law enforcement investigators, and a state Supreme Court justice.

Read more here.

Oklahoma Bill Would Exempt Government Employees' Birth Dates from Public Disclosure

An Oklahoma state legislator has filed a bill that would exempt government employees' birth dates from the state Open Records Act, which critics say would make it virtually impossible to identify state employees and determine if they have committed crimes, avoided taxes, filed for bankruptcy or made political contributions.

The Oklahoman has reported that more than 250 Oklahoma City and Oklahoma County employees match those of registered sex offenders, though the paper isn't able to confirm identities because city and county officials have refused to disclose their employees' birth dates.

The state attorney general recently opined that birth dates are presumed open and may only be withheld on a case-by-case basis upon a showing that the disclosure would amount to an unwarranted invasion of privacy.

Read more about the proposed legislation here.

Oklahoma Attorney General Opinion Leaves Agencies with Discretion to Release Employees' Birth Dates

Oklahoma Attorney General Drew Edmondson has released an opinion that leaves it to government agencies to decide whether to release public employees' birth dates. The opinion states government agencies have the discretion to determine whether the release of an employee's birth date falls within the exemption to the state's Open Records Act that allows records to be kept confidential if releasing them would be an "unwarranted invasion of personal privacy."

The opinion came in response to Oklahoma City's refusal to release the birth date of the city's Weed and Seed program director, Ed Martin, who was placed on administrative leave after city officials found federal grant funds had been mismanaged. The Oklahoman, arguing it is impossible to match common names without a birth date, sought Martin's birth date in order to conduct background research after he was identified as part of the investigation.

For more information, click 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.

Texas bill could affect Dallas Morning News case

The former Texas comptroller refused to include birth dates in the employee payroll records she turned over to the Dallas Morning News per an FOIA request, the Associated Press reported. The current comptroller has taken a similar policy and argued that releasing birth dates creates identity theft problems. Lower courts have ruled that the birth dates are public records. However, a bill that proposes to exempt dates of birth from open records requests could supersede the now-pending Texas Supreme Court case. Reporters routinely use birth dates to "identify state employees during investigative reporting."

Texas lawmakers worried about identity theft are trying to remove state employees' birth dates from public records — a move journalists and open records advocates say is unnecessary and will hamper government oversight.

A proposal by Rep. Helen Giddings, D-DeSoto, that would make the information private is scheduled for a public hearing Tuesday. A Senate version of the bill had a hearing earlier this month.

Those and at least two other bills filed in the Legislature this session could supersede a pending Texas Supreme Court case between The Dallas Morning News and the state comptroller's office.

More here.

Texas Supreme Court to decide if birth dates are public records

The Texas Supreme Court is waiting to see if state lawmakers will pass a bill that would exempt state employees' birth dates from the state's public records laws, the AP reported. If lawmakers don't, the court has decided it will hear the case. Journalists argue that without birth dates, it's nearly impossible to distinguish between employees with the same name. Texas Comptroller Susan Combs' office is concerned that the release of such information will lead to identify theft.

The Texas Supreme Court agreed Friday to consider whether state employees' birth dates are public information or must be shielded under a right to privacy.

Media and freedom of information advocates say birth dates are necessary to distinguish employees who may have the same name. Texas Comptroller Susan Combs' office has said they should be private under common law and the state Constitution.

The court did not set a date when it would hear arguments, suggesting it would wait to see if state lawmakers will write an exception for date-of-birth information into state public records laws. Sen. Jane Nelson, R-Flower Mound, has already filed such a bill.

More here.

No exemptions for names, birthdays of Pa. contractors

The new Pennsylvania Office of Open Records ruled that names of employees are public records, even if the employees work for government contractors, the AP reported. Government employees' birth dates are also not exempted from the Right-to-Know Law in the state.

Pennsylvania's Office of Open Records says the names of employees of government contractors and the birth dates of government employees are public records.

The new agency said in its first batch of rulings that the names and dates of birth aren't covered by the many exceptions to the state Right-to-Know Law.

The Quakertown Community School District had granted a request to release payroll forms for a subcontractor working on a school renovation project, but redacted the employees' names.

More here.

Texas Legislature could hide employee birth dates from public

The Dallas Morning News has used the birth dates of state employees to confirm that the Texas Youth Commission had 266 employees with criminal records, that hundreds of Dallas Independent School District employees had criminal records, that some Texas school teachers were registered sex offenders and that "scores of drug and sex offenders are licensed nurses in Texas." Soon, investigations such as these may be impossible in Texas, where legislators are proposing to exempt employees' birth dates from the Texas Public Information Act, citing identify theft concerns.

They're back.

Your legislators are at work in Austin. And they're busily drawing up changes to state law.

One proposal, introduced by Sen. Jane Nelson, R-Flower Mound, would exempt dates of birth of public employees from the Texas Public Information Act.

More here.