NEW JERSEY PRIVACY STUDY COMMISSION By: Catherine Starghill, Esq. Privacy Study Commission, Staff

Creation of the Commission The Privacy Study Commission was created under the Open Public Records Act (N.J.S. 47:1A-1 et seq.). As the GRC knows, the Open Public Records Act defines the state’s policy that government records, with certain exceptions, should be readily accessible to the public for inspection, examination, and copying. While limitations on the public’s right of access should be decided in the public’s favor, public agencies are required to keep a citizen’s personal information from public access when that access would violate the citizen’s reasonable expectation of privacy. GRC issues …

The Open Public Records Act The Open Public Records Act (OPRA) defines the state’s policy that government records, with certain exceptions, should be readily accessible to the public for inspection, examination, and copying. While limitations on the public’s right of access should be decided in the public’s favor, public agencies are required to keep a citizen’s personal information from public access when that access would violate the citizen’s reasonable expectation of privacy.

Creation of the Commission The Commission was established as a temporary body of 13 members – 9 appointed by the Governor and 4 appointed by the Legislature.

Commission Members Appointments coordinated to provide a balance Advocates for citizen privacy interests Advocates for increased access to government records

Commission Members Larry Litwin, Chairman Professor of Public Relations & Advertising at Rowan University Thomas Cafferty General Counsel of the NJ Press Association George Cevasco Municipal Clerk for the Township of Brick Rosemary Karcher-Reavey Former Superior Court Judge in Middlesex County

Commission Members Jack McEntee Detective with the Newark Police Department Richard DeAngelis, Jr. Attorney specializing in legislative and regulatory affairs Pamela McCauley Director of the Office of Victim-Witness Advocacy in the Essex County Prosecutor’s Office Grayson Barber Attorney specializing in privacy rights advocacy

Commission Members Karen Sutcliffe Attorney specializing in municipal law John Hutchison Research Director of the Senate Republican Office H. Lawrence Wilson, Jr. Retired Sergeant of Investigators in the Ocean County Prosecutor’s Office

Commission Members Edithe A. Fulton President of the NJ Education Association William Kearns General Counsel of the NJ League of Municipalities

Purpose of the Commission Legislatively mandated to study the privacy issues raised by the collection, processing, use and dissemination of information by public agencies Balance Need for openness in government Concerns for personal privacy and security

Purpose of the Commission Privacy questions: What are the privacy issues raised by the way government agencies collect, process, use and disseminate information? How is openness in government affected by privacy issues? How should we deal with these issues to safeguard the privacy rights of individuals? The core of the issue is this: In this day and age when much of our government’s records are in databases and are internet accessible, the personal information contained in these records are more readily accessible for both good and bad use. So when you apply for a dog license or a driver’s license, your name, home address, home telephone number, identifying details such as height, weight, eye and hair color, maybe even social security number is potentially available for more people and entities to view and USE than ever before. OPRA requires the Commission to look at these hard issues and develop the state’s strategy for dealing with them. That strategy may include additional legislation like California’s Information Practices Act which outlines in detail what state and local governments may and may not do with the personal information of its citizens (including obtaining citizens’ permission before disseminating their personal information to third parties for uses other than that intended by the agency). Or, it may be simply amending the Open Public Records Act to enhance the exemptions from open access. Whatever strategy the Commission devises – the process will be done looking at both sides of the issue based on the balanced composition of its membership.

Commission Structure The Commission established the following subcommittees: Public Interest Data Practices in New Jersey Data Practices in Other Jurisdictions Commercial Use Technology GOALS OF THE SUBCOMMITTEES: TECHNOLOGY Examine how technology facilitates the collection of data, how data can be manipulated within government, how data is used when made available to the public, and the effect on government data when it is combined with data from other sources (=data mining). PRACTICES OUTSIDE OF NJ Learn the strategies employed by other governments to safeguard the privacy rights of its citizens. Benchmarking other states with best practices in privacy protection – CA, CN, HI, FL, and IL. As well as the US Federal government and the European Union. COMMERCIAL USE Identify and consider the commercial uses of government information, both positive and negative. (Positive Users – credit ratings agencies and employers. Negative Users – identify thieves). NJ PRACTICES Develop an understanding of the types of personal data collected by NJ public agencies, consider the methods used to collect data, assess the data’s current and potential use, and contemplate the views of public administrators on the data’s management. PUBLIC INTEREST Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy. Host public hearings throughout the State.

Subcommittees Public Interest Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy Host public hearings throughout the State GOALS OF THE SUBCOMMITTEES: TECHNOLOGY Examine how technology facilitates the collection of data, how data can be manipulated within government, how data is used when made available to the public, and the effect on government data when it is combined with data from other sources (=data mining). PRACTICES OUTSIDE OF NJ Learn the strategies employed by other governments to safeguard the privacy rights of its citizens. Benchmarking other states with best practices in privacy protection – CA, CN, HI, FL, and IL. As well as the US Federal government and the European Union. COMMERCIAL USE Identify and consider the commercial uses of government information, both positive and negative. (Positive Users – credit ratings agencies and employers. Negative Users – identify thieves). NJ PRACTICES Develop an understanding of the types of personal data collected by NJ public agencies, consider the methods used to collect data, assess the data’s current and potential use, and contemplate the views of public administrators on the data’s management. PUBLIC INTEREST Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy. Host public hearings throughout the State.

Subcommittees Data Practices in New Jersey Develop an understanding of the types of personal data collected by public agencies in New Jersey Consider the methods used to collect data Assess the data’s current and potential use Contemplate the views of public administrators on the data’s management GOALS OF THE SUBCOMMITTEES: TECHNOLOGY Examine how technology facilitates the collection of data, how data can be manipulated within government, how data is used when made available to the public, and the effect on government data when it is combined with data from other sources (=data mining). PRACTICES OUTSIDE OF NJ Learn the strategies employed by other governments to safeguard the privacy rights of its citizens. Benchmarking other states with best practices in privacy protection – CA, CN, HI, FL, and IL. As well as the US Federal government and the European Union. COMMERCIAL USE Identify and consider the commercial uses of government information, both positive and negative. (Positive Users – credit ratings agencies and employers. Negative Users – identify thieves). NJ PRACTICES Develop an understanding of the types of personal data collected by NJ public agencies, consider the methods used to collect data, assess the data’s current and potential use, and contemplate the views of public administrators on the data’s management. PUBLIC INTEREST Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy. Host public hearings throughout the State.

Subcommittees Data Practices in Other Jurisdictions Learn the strategies employed by other governments to safeguard the privacy rights of its citizens Benchmark other states with best practices in privacy protection – CA, CN, HI, FL, and IL Benchmark the U.S. and European Union GOALS OF THE SUBCOMMITTEES: TECHNOLOGY Examine how technology facilitates the collection of data, how data can be manipulated within government, how data is used when made available to the public, and the effect on government data when it is combined with data from other sources (=data mining). PRACTICES OUTSIDE OF NJ Learn the strategies employed by other governments to safeguard the privacy rights of its citizens. Benchmarking other states with best practices in privacy protection – CA, CN, HI, FL, and IL. As well as the US Federal government and the European Union. COMMERCIAL USE Identify and consider the commercial uses of government information, both positive and negative. (Positive Users – credit ratings agencies and employers. Negative Users – identify thieves). NJ PRACTICES Develop an understanding of the types of personal data collected by NJ public agencies, consider the methods used to collect data, assess the data’s current and potential use, and contemplate the views of public administrators on the data’s management. PUBLIC INTEREST Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy. Host public hearings throughout the State.

Subcommittees Commercial Use Identify and consider the commercial uses of government information, both positive and negative (Positive Users – credit ratings agencies and employers) (Negative Users – identify thieves) GOALS OF THE SUBCOMMITTEES: TECHNOLOGY Examine how technology facilitates the collection of data, how data can be manipulated within government, how data is used when made available to the public, and the effect on government data when it is combined with data from other sources (=data mining). PRACTICES OUTSIDE OF NJ Learn the strategies employed by other governments to safeguard the privacy rights of its citizens. Benchmarking other states with best practices in privacy protection – CA, CN, HI, FL, and IL. As well as the US Federal government and the European Union. COMMERCIAL USE Identify and consider the commercial uses of government information, both positive and negative. (Positive Users – credit ratings agencies and employers. Negative Users – identify thieves). NJ PRACTICES Develop an understanding of the types of personal data collected by NJ public agencies, consider the methods used to collect data, assess the data’s current and potential use, and contemplate the views of public administrators on the data’s management. PUBLIC INTEREST Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy. Host public hearings throughout the State.

Subcommittees Technology Examine how technology facilitates the collection of data Examine how data can be manipulated within government Examine how data is used when made available to the public Examine the effect on government data when it is combined with data from other sources (data mining) GOALS OF THE SUBCOMMITTEES: TECHNOLOGY Examine how technology facilitates the collection of data, how data can be manipulated within government, how data is used when made available to the public, and the effect on government data when it is combined with data from other sources (=data mining). PRACTICES OUTSIDE OF NJ Learn the strategies employed by other governments to safeguard the privacy rights of its citizens. Benchmarking other states with best practices in privacy protection – CA, CN, HI, FL, and IL. As well as the US Federal government and the European Union. COMMERCIAL USE Identify and consider the commercial uses of government information, both positive and negative. (Positive Users – credit ratings agencies and employers. Negative Users – identify thieves). NJ PRACTICES Develop an understanding of the types of personal data collected by NJ public agencies, consider the methods used to collect data, assess the data’s current and potential use, and contemplate the views of public administrators on the data’s management. PUBLIC INTEREST Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy. Host public hearings throughout the State.

Additional Mandate “… study the issue of whether and to what extent the home address and home telephone number of citizens should be made publicly available by public agencies …” Separate subcommittee to address special directive This mandate is to be addressed first. The Governor (in his EO 26) is especially concerned with the vulnerability of New Jersey citizens in regards to the open access to their otherwise published or unpublished home address and home telephone numbers. Therefore, the Commission will develop a specific strategy for addressing this issue first.

Result of Research - Recommend specific measures Better safeguard privacy rights of NJ citizens Again, the optimal phrase here is “safeguarding privacy rights” while balancing the need for open access to public records.

Commission Meetings: All meetings are held at 10:30 AM – Department of Community Affairs–Conference Room 129 101 S. Broad Street (corner of Broad & Front Streets) Trenton, New Jersey 08625 2003 Meeting Dates – July 25, 2003 October 17, 2003 September 19, 2003 November 14, 2003 December 19, 2003

Public Hearings June 10, 2003 – 4:00 PM Mercer County Community College (West Windsor) Room: CM-110 Communications Building June 16, 2003 – 4:00 PM Rowan University (Glassboro) Student Center - Ballroom June 17, 2003 – 4:00 PM Montclair State College (Upper Montclair)

Contact Information: The Privacy Study Commission may be contacted: privacy@dca.state.nj.us and at www.nj.gov/privacy