Records Access Policy Committee

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Records Access Policy Committee
PRIA 2005 SUMMER CONFERENCE Honolulu,
Hawaii July 12-14, 2005 Steve
McDonald Darity Wesley Lancaster County
Recorder of Deeds CEO Privacy Solutions, Inc.
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Agenda

• Privacy Access Workgroup White Paper
• Review of Military Discharge Model Act
• Status
• Discussion of Next Projects

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Privacy Access Workgroup

• Co-Chairs
• Mark Ladd Ingeo
• Darity Wesley Privacy Solutions
• Pending Board Presentation our working title is
• Privacy and Public Land Records Making Practical
  Policy

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Privacy Access WorkgroupWhite Paper Contributors

• Writing Contributors
• Yianni Pantis First American
• Kate Paleczny and Team Stateside Legislative
  Services CSPRA
• Darity Wesley Steve Wede Privacy Solutions
• Mark Ladd Ingeo
• Tina Locklear First American
• Doug Allen Global 360 BGS
• Ann Shaw Randolph Co., NC

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Privacy Access Workgroup White Paper Contributors

• Discussion Contributors 7/12/05
• Doug Allen Global 360 BGS
• Barbara Frerichs Maricopa County, AZ
• Andy Glasgow Data Trace
• Suzanne Henderson Tarrant County, TX
• Ann Kirkbride Mentis Technology
• Tina Locklear First American
• Yianni Pantis First American
• Helen Purcell Maricopa County, AZ
• Kim Tilo First American
• Darity Wesley Privacy Solutions

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Privacy Access Workgroup White Paper Foundation

• Privacy Access Roundtable March 2003
• Created email ListServ and posed variety of
  questions and received variety of responses
  2003, 2004 and 2005
• Mark Ladd Testified before House Ways and Means
  Committee Social Security Number Committee
  regarding HR2971, The SSN Privacy ID Theft Act
  of 2003 July, 2003
• Financial Services Forum March 2005

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Privacy Access Workgroup White Paper Contents

• Objective To outline issues and to make
  recommendations for best practices and
  legislative initiatives.
• Limitations No single solution, paper limited to
  discussion of inclusion of SSN on real estate
  documents.
• Introduction to Issues Access, privacy
  protection, identity theft, perception of the
  public, keeping government accountable,
  uniformity of laws multiple and sometimes
  conflicting ideals

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Privacy Access Workgroup White Paper Contents,
contd.

• Overview of Public Records Section
• Purpose of Public Records
• Common Law Right of Access
• Statutory Public Record Laws
• Form of Public Records
• Commercial Requestors
• Identity Theft

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Privacy Access Workgroup White Paper Contents,
contd.

• Discussion Points Section
• Prohibiting Complete SSNs on Public Land Records
• Availability of SSNs in Public Records
• Privacy Focus- Redaction or Truncation
• Narrowing False Positives
• Legitimate Business Govt Uses of SSNs
• Enacted and Pending State and Federal Legislation

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Privacy Access Workgroup White Paper Contents,
contd

• Recommendations and Conclusions
• Considerations for State and Federal Legislation
• Proposed Elements of Model Legislation
• Day Forward basis
• Immunity of Recorders (KS,NV)
• Voluntary redaction by public prior to delivery
  for recording (TX)
• Recorders Not to Redact Information from
  Documents TO BE recorded even with immunity (NV,
  TX)
• Not publicly post SSNs or publicly display
  SSNs (CA)

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Next Steps for the White Paper

• Questions For the Workgroup?
• Comments For the Board?
• Next
• Presentation to PRIA Board of Directors July
  14, 2005
• Committee recommendations for next steps to Board
• Board decides Committee communicates to
  membership at Winter Conference

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Review Of Military Discharge Model Act Status -
Background

• Issue regarding recording of Military Discharge
  Paper DD214
• A Workgroup of the Records Access Policy
  Committee of the PRIA was formed around this
  issue and chaired by Carl R. Ernst of Ernst
  Publishing and Steve McDonald Lancaster Co.
  Pennsylvania Recorder of Deeds in 2002

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Review of Military Discharge Model Act Status -
Background

• Participants from the public and private sectors
  were part of the Workgroup that created and
  presented a white paper at the February 2003
  Winter Conference of the PRIA.
• The National Association of County Veterans
  Service Officers also participated as a full
  partner in the review and preparation of this
  document, and posted related materials on its web
  site at www.nacvso.org.

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Review of Military Discharge Model Act
Status-Background

• The White Paper was entitled Addressing The
  Military Discharge Paper Confidentiality Problem
  -- Suggested Statutory Language
• It was based on a Review of Current Statutes and
  created a method of protecting the information.

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Review of Military Discharge Model Act Status -
Enacted

• Missouri adopted legislation
• North Carolina adopted legislation
• In 2003 Arkansas and Idaho adopted legislation
• From then on.
• Comments from the audience

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Next Steps for the WorkGroup and Committee

• Lets talk about everything!!!
• Still issues with pending legislation
• Both state and federal
• WHAT ELSE???? Contact Information
• Darity_at_privacygurus.com
• McDonald_at_co.lancaster.pa.us
• Mladd_at_ingeo.com