Archives
You are welcome to browse our collection of older articles and papers below.
1st DCA rules Marsy’s Law privacy applies to police, shielding officer in Tony McDade case
The police union argued that the officers were themselves victims of aggravated assaults by the armed suspects they killed and thus qualified for anonymity under Marsy’s Law. The appellate court agreed in its 13-page ruling.
The Justice System as a Digital Platform
The phrase, “Government as a Platform,” was originally popularized by Tim O’Reilly in 2011. His idea was to create shared, digital infrastructure so agencies across a government could decrease redundancy and provide improved access, services, and transparency. While O’Reilly’s work focused on rethinking government across executive agencies, it’s applicable to the court systems, too. While legal proceedings are a different application, the distinction doesn’t change the conceptual model, as articulated by the Obama administration’s Digital Governance initiative, which comes in three layers.
Texas Legislature considering bill to make it harder to get public information about government employees
“Our agencies are in possession of highly sensitive personal data, and they have a duty to protect it,” Nelson said in a statement. “Texans should not have to worry about their personal data being sold or shared with third parties without permission.”
The Identity Theft Conundrum
Efforts to restrict the use of Social Security Numbers illustrate the irony that privacy protections, rather than being logically motivated by concerns about identity theft, are often wholly at odds with efforts to prevent identity theft. In reality, identity theft is often greatly facilitated by privacy, and the most effective tools for addressing identity theft involve the disclosure and use of additional personal information Government proposals to deny access to Social Security Numbers and other public records that can be used to authenticate identity turn the government into the unwitting accomplice of identity thieves. We must find better solutions.
The Privacy Paradox
The open flow of information is under attack in the United States as never before in an effort to protect privacy. This issue has united the far right and far left, Republicans and Democrats, federal and state governments, the Eagle Forum and the ACLU, even Phyllis Schlafly and Ralph Nader. In the past two years we have seen a flood of privacy legislation, regulation, litigation—including two supreme court cases upholding sweeping privacy laws, and negotiation.
The Public Record: Information Privacy and Access
The public record also raises concerns about information privacy. It is no exaggeration to say that access to and privacy of public records about individuals are virtually always in tension. Recently, however, pressures from European regulators and growing concern over the computerization of data have heightened both the importance and the difficulty of balancing access and information privacy.
Consumer Benefits from Open Public Records
Public records are a key source of information about consumer addresses. This information is used to help instantly verify identity when consumers apply for credit or seek to establish new cable or telephone service; protect against identity theft and credit card and check fraud; provide current contact information for owners of disused or delinquent accounts; and locate pension fund beneficiaries, heirs to estates, and owners of lost property.
The Limits of Opt-in
The urge for legislators to “do something” to further protect individual privacy is understandable and commendable. But “opt-in” is not the right way to go. “Opt-in” is an exceptional tool that imposes high costs and harmful unintended consequences, and should therefore be reserved for exceptional situations where the risk of those costs and consequences is justified.
Important Uses of Social Security Numbers (SSNs)
Enforcing child support obligations and government assistance programs – Public and private agencies rely on SSNs in public records and other information contained in commercial databases to locate parents who are delinquent in child support payments and to locate and attach assets in satisfying court-ordered judgments. Reliance on SSNs contained in key public records is a critical component to the success of these searches.
Background checks might be worth the price
It all be “A growing number of S.C. employers require applicants to undergo one or more types of background checks so they can hopefully avoid potential liability for negligent hiring,” said Dubberly, who works for the 173-lawyer firm of Nexsen Pruet, whose clients include Honda and Bank of America. Under the negligent hiring theory, people who are hurt by an employee with a violent or criminal background can sue the employer, Dubberly said. Courts around the country started accepting these cases around 1980, he said.”
Center for Missing Children Provided Link
The Lisk sisters vanished after getting off separate school buses in front of their home in 1997. Their bodies were found five days later after an intense search in the South Anna River, about 40 miles away. Through forensic evidence, their deaths were later linked to that of Silva, whose body was found in a swamp in King George County about a month after her disappearance the previous year.