Internet Public Records
There are two ways public records are accessible electronically. Some jurisdictions post them on their government web sites, thereby providing free or low-cost access to records. Government agencies and courts also sell their public files to commercial data compilers and information brokers. They in turn make them available on a fee basis, either via web sites or by special network hookups.
Identity theft
The crime of identity theft and other types of fraud will be fueled by easy access to personal identifiers and other personal information via electronic public records. Such information includes Social Security numbers, credit card and bank account numbers, and details about investments.
Solutions
What can be done to mitigate the negative consequences of making public records containing personal information available on the Internet and from other electronic services? Governments are not likely to make the decision to keep such records off the Internet altogether. Indeed, they should not. The public policy reasons for making public records available electronically are irrefutable - promoting easier access to government services as well as opening government practices to the public and fostering accountability.
But there are several approaches government agencies and court systems can take to minimize the harm to individuals when sensitive personal information is to be posted on the Internet while at the same time promoting government accountability.
Regulating the information broker industry
The information broker industry must be regulated. At present, information brokers purchase public records from local, state, and federal government agencies and repackage them for sale to subscribers. They add data files from commercial data sources such as credit reports and consumer survey data. Virtually anyone can obtain access to these files, although many information brokers claim they limit access to professions such as private investigators, attorneys, law enforcement, media, debt collectors, landlords, and employment background checkers. However, the effectiveness of such self-regulation is limited at best.
Requiring more accountability of the private investigator industry
The private investigator profession, a major user of public records information, must be regulated in those states where there are no oversight agencies. Further, existing regulations must be tightened and made uniform nationwide, perhaps by federal law. Private investigators must be held to strong standards regarding their access to and use of sensitive personal information. They should be held accountable when they
misuse personal information.
There are two ways public records are accessible electronically. Some jurisdictions post them on their government web sites, thereby providing free or low-cost access to records. Government agencies and courts also sell their public files to commercial data compilers and information brokers. They in turn make them available on a fee basis, either via web sites or by special network hookups.
Identity theft
The crime of identity theft and other types of fraud will be fueled by easy access to personal identifiers and other personal information via electronic public records. Such information includes Social Security numbers, credit card and bank account numbers, and details about investments.
Solutions
What can be done to mitigate the negative consequences of making public records containing personal information available on the Internet and from other electronic services? Governments are not likely to make the decision to keep such records off the Internet altogether. Indeed, they should not. The public policy reasons for making public records available electronically are irrefutable - promoting easier access to government services as well as opening government practices to the public and fostering accountability.
But there are several approaches government agencies and court systems can take to minimize the harm to individuals when sensitive personal information is to be posted on the Internet while at the same time promoting government accountability.
Regulating the information broker industry
The information broker industry must be regulated. At present, information brokers purchase public records from local, state, and federal government agencies and repackage them for sale to subscribers. They add data files from commercial data sources such as credit reports and consumer survey data. Virtually anyone can obtain access to these files, although many information brokers claim they limit access to professions such as private investigators, attorneys, law enforcement, media, debt collectors, landlords, and employment background checkers. However, the effectiveness of such self-regulation is limited at best.
Requiring more accountability of the private investigator industry
The private investigator profession, a major user of public records information, must be regulated in those states where there are no oversight agencies. Further, existing regulations must be tightened and made uniform nationwide, perhaps by federal law. Private investigators must be held to strong standards regarding their access to and use of sensitive personal information. They should be held accountable when they
misuse personal information.
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