Records Access Policy Committee

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Records Access Policy Committee
PRIA 2006 SUMMER CONFERENCE San
Francisco, California July 1-3, 2006
Steve McDonald Darity Wesley
Lancaster County Recorder of Deeds CEO Privacy
Solutions, Inc.
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Agenda

• Privacy Access Workgroup White Paper
• Social Security Number and Privacy Protection Act
  (SSNAPP Act)
• Creation of Implementation Plan
• Discussion of Next Projects

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Privacy Access Workgroup

• Co-Chairs
• Carolyn Ableman-Snohomish County, WA
• Darity Wesley Privacy Solutions
• Pending Board Presentation and approval our Model
  Legislation working title is
• Social Security Number and Privacy Protection Act
  (SSNAPP Act)

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Privacy Access WorkgroupModel Legislation
Contributors

• Writing Contributors
• Yianni Pantis First American
• D. Wesley Moira Brennan Privacy Solutions
• Carolyn Ableman Snomoish Co. WA
• Carl Ernst Ernst Publishing
• Pam Hurst Mickey Arnold Hamilton Co. TN
• Karen Anderson-Kinsey Muskogee Co. OK
• Robert T. Kelly Jackson Co. MO
• Gina Alcomendras Santa Clara CA
• Larry Burtness Washoe Co.NV
• All the wonderful folks who helped edit it to
  final form from Working Session of July 1, 2006

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Privacy Access Workgroup Model Legislation
Foundation

• Privacy Access Roundtable March 2003
• Created email ListServ and posed variety of
  questions and received variety of responses
  2003, 2004 and 2005
• Financial Services Forum March 2005
• White Paper Working Session July 2005
• Workgroup and ListServ feedback since March, 2006
• Workgroup Working Session July, 2006

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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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Privacy Access Workgroup Model Legislation
Contents

• Defines Personally Identifiable Information
• Defines Preparer
• Preparer SHALL NOT include PII in document and
  this is on a go forward basis
• If PII was recorded and is available on the
  Recorders Internet site, a consumer may request
  redaction and the Recorder shall comply without
  cost

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Privacy Access Workgroup Model Legislation
Contents

• Liability for PII with the Preparer who enters
  PIIconsumer may receive up to 500 per act of
  recording.
• The Recorder SHALL NOT be liable.
• The Act does NOT apply to state or federal tax
  liens, certified copies of death certificates and
  other documents that are required to have PII
• Effective Date of Act

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Brainstorm Implementation of Workgroup Paper Act

• States with Existing Laws
• New Jersey Nevada
• Florida Colorado
• Michigan Iowa
• Washington
• California
• Texas
• Missouri
• Arizona

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Brainstorm, continued

• How to implement?
• Pull all interested parties together to educate
• State Recorder Associations
• PRIA Website
• Press Releases and follow up re passage
• ListServ used to help others with issues coming
  up in your particular state
• Bring in ALTA, local title associations
• Who can help? Maine, Pennsylvania, Texas
• What are first steps? Model Legislation to
  website

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Next Steps for the WorkGroup and Committee

• Are you a PRIA Volunteer????
• I can help you be involved ?
• Still issues with pending legislation
• Both state and federal
• WHAT ELSE???? Contact Information
• Darity_at_privacygurus.com
• McDonald_at_co.lancaster.pa.us
• Carolyn.Ableman_at_co.snohomish.wa.us