1. Privacy, Open Records, and Location Enabled Everything Rick Miller Douglas County, KS MAGIC SYMPOSIUM 2006

2. Privacy. Does it Exist? Sort Of… Government Data: Yes. Privacy Act, HIPAA, Title 13, FOIA, Open Records Laws + Exceptions Commercial Data: No. Credit Reports, Discount Cards, Credit/Debit Purchases + Transactions, Vehicle Navigation, Video Monitoring + Security, Employment Data Aggregators/Brokers: No. Acxion, Choice Point, Lexus/Nexus.

3. Government Records Privacy Act HIPAA FOIA and Open Records Laws Census Bureau: Title 13 Protections. No individually identifiable data

4. Government Records The Flip Side Help America Vote Act (HAVA) –Address Geo-coding Streamlined Sales Tax –Destination-based Sourcing/Address Geo-coding Phase II E-911 –X/Y Location-based dispatch Intelligent Transportation Systems –KC Scout, E-Z Pass, Red-Light Cameras

5. Intelligent Transportation Systems

6. Commercial Data Credit Reports Discount Cards Credit/Debit Purchases and Transactions Vehicle Navigation Registrations and Memberships Primarily marketing and consumer preferences Significant value in re-selling to data brokers Product Targeting, Market Segmentation, Market Analysis, Location Analysis

7. Data Aggregators/Brokers Choice Point, Acxion, Lexus/Nexus and Others Public databases are excellent sources for private sector data aggregators: drivers license records, vital statistics, voter registration, property tax assessment, etc. Issue: Merging of public and private data holdings Data Mining, Profiling, No-Fly Lists, etc. Issue: –In Europe, personal information belongs to the subject. The subject “controls” access rights. –In the US, personal information belongs to anyone who possesses it. It is not yours!!! Source: Public Data, Public Access, and U.S. Law and Policy, URISA Workshop

8. Converging Technologies RFID (Radio-Frequency ID) Global Positions Systems (GPS) Wi-Fi (802.11) Location-enabled Cell Phones Augmented GPS (AGPS) IP Identification Location Enabled Everything Cows, Commodities, Cars, Products, People, Passports, Groups, Games, and Gadgets

9. Emerging Location Debates Geo-location/Identification IP location tracking Market Segmentation Taxation Activity Monitoring IP Blocking RFID Tagging and Tracking Privacy. Identity Theft. Security. Location-Based Services Privacy: Opt-In/Opt-Out

10. Copyright The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work. NOTE: Copyrights are governed by the Copyright Act of 1976 contained in title 17 of the U.S. Code. The Act protects published or unpublished creative works that are fixed in a tangible medium of expression from which they can be perceived. Source: Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.

11. Closing Thoughts Public Policy Discussion: necessary at all levels of government Policy Review: State and local governments (many state open records laws in need of modernization) Promulgate Best Practices/Model Law (s) Consider fundamental changes: provide individuals “control” of access (European Model)

12. Closing Thoughts Copyright Protection Personal activity as a creative act. Provide for individual copyright protection through alternative copyright mechanisms. Creative Commons: www.creativecommons.org Thank You

13. “ This is Dillingham, Alaska, folks. I don’t think we have to worry about Osama bin Laden.” Freeman Roberts, mayor of the remote southwest Alaska town of 2,400 and an opponent of the police department's mounting of 80 video surveillance cameras that are being purchased with a $202,000 federal homeland security grant Source: Los Angeles Times