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Privacy, Confidentiality, and the Best Interest of the State

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Title: Privacy, Confidentiality, and the Best Interest of the State


1
Privacy, Confidentiality, and the Best Interest
of the State
  • Richard Pearce-Moses
  • Director of Digital Government Information
  • Arizona State Library, Archives and Public
    Records
  • rpm_at_lib.az.us

2
Key Concepts
  • Privacy
  • 1. The quality of being free from public
    scrutiny.
  • 2. The quality of having personal information
    protected

3
Key Concepts
  • Confidentiality
  • The quality of being kept secret
  • within an authorized group

4
Key Concepts
  • Practical Obscurity
  • Being sufficiently difficult to access that
    privacy
  • or confidentiality is preserved

5
Why Worry About Privacy?
  • Identity Theft
  • Invasion of Privacy
  • False or Inaccurate Information

6
The Importance of Open Records
  • Constructive Notice
  • Good Government
  • Prevent Fraud

7
Access v. Obscurity
  • Internet greatly increases public access
  • Increased access also increases opportunity for
    abuse

8
Whats Must be Kept Confidential?
  • Very Little
  • Almost all records and other matters in public
    offices are open to public inspection
  • unless excluded by
  • specific statute or regulation
  • See Arizona Agency Handbook
  • http//www.attorney_general.state.az.us/

9
Whats Must be Kept Confidential?
  • Some Examples
  • Student records FERPA
  • Medical records HIPAA
  • Drivers license information DPPA
  • Birth and Death Records ARS 36-340
  • Banking, trust and escrow records ARS 6-860

10
More Laws on the Horizon
  • HB 2382
  • Prohibits release of social security numbers by
    anyone, including government agencies
  • Proposed Senate amendment would add financial
    account numbers to the law

11
But . . .
  • Officials have discretion to deny or restrict
    access in recognition of privacy,
    confidentiality, or the best interests of the
    state.

However . . .
The public may inspect records since alternatives
exist such as redaction of specific, personal,
identifying information.
12
Where is Confidential Information Hiding?
  • Agency collects no personally identifying
    information about individuals except when
    specifically and knowingly provided by such
    individuals. Website

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WebCat_Images/ Other/Misc/preservestatelogosmall.g
if HTTP/1.1" 200 4202
13
Where is Confidential Information Hiding?
  • One of the biggest problems is the inadvertent
    release of information buried in documents,
    rather than the intentional release of
    confidential information.

14
Things to Do
  • Avoid capturing personal information unless
    absolutely necessary
  • Conduct a survey of records especially online
    records to see if they contain sensitive
    information
  • Work with the Arizona State Librarys Records
    Management Division to see that records
    containing sensitive information are disposed of
    properly and in a timely manner.
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