Title: Privacy, Confidentiality, and the Best Interest of the State
1Privacy, 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
2Key Concepts
- Privacy
- 1. The quality of being free from public
scrutiny. - 2. The quality of having personal information
protected
3Key Concepts
- Confidentiality
- The quality of being kept secret
- within an authorized group
4Key Concepts
- Practical Obscurity
- Being sufficiently difficult to access that
privacy - or confidentiality is preserved
5Why Worry About Privacy?
- Identity Theft
- Invasion of Privacy
- False or Inaccurate Information
6The Importance of Open Records
- Constructive Notice
- Good Government
- Prevent Fraud
7Access v. Obscurity
- Internet greatly increases public access
- Increased access also increases opportunity for
abuse
8Whats 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/
9Whats 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
10More 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
11But . . .
- 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.
12Where 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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13Where 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.
14Things 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.