Debate rages over electronic access to public records

August 17, 1996
Web posted at: 11:00 p.m. EDT

From Correspondent Rusty Dornin

SAN FRANCISCO (CNN) -- It only takes opening up your mailbox to figure out that your name, address, sex and phone number are not exactly secrets.

But how about finding out who owns the car that cut you off? Or whether your daughter's boy friend has too many speeding tickets or a lien against his car?

"We used to think when we signed up for our drivers license that it was only for the purpose of driving, but now many states are using this for secondary information," consumer advocate Lori Fena said.

Many folks in Oregon didn't bargain on seeing their Department of Motor Vehicle information on the Internet recently.

Even though the information was a public record, the instant access of the Web page, enabling anyone to look up license plate and loan information, enraged some. One man even taped over his license plates in protest.

The author finally shut down the page after a call from the governor. But the controversy revealed there's a lot more than your age and address that may be available for anyone to dig up at your local county courthouse.

"It's not just the DMV, if it's public record, your very private information is fair game," court clerk Sharyl James said.

What many may see as a benefit is that most courthouse information is buried in files that take time to search manually.

The burgeoning use of electronic means of storing information for law firms, insurance companies, marketers and the media brings a whole new twist and a shortened time element to the public record debate.

In Los Angeles, companies can buy electronic access to certain courthouse records, then sell the information. Critics argue that this practice is a further invasion of privacy.

Some local and state agencies are seeking legal direction as to whether electronic access to public information can be sold.

"Information ... the use of information is a commodity," said Peter Carton, a direct marketer. "(So) it's not surprising the question will be, 'What limits will local governments put on that information?'"

In California, DMV records are closed to the public. Now legislators are struggling with how and when to allow access electronically to information already in public files.

State Sen. Quentin Kopp of San Francisco is concerned about who's protecting the information.

"That information -- once it's on a Web site electronically -- isn't protected under California law. It's not protected under federal law," Kopp said.

It all boils down to figuring out ways to protect your privacy in the 90s.

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