"Public Records on the Internet: The Privacy Dilemma"

Internet Privacy
Review and Reaction to the Article
“Public Records on the Internet: The Privacy Dilemma” (Givens)

In “Public Records on the Internet,” Givens exposes the dangers and perceived consequences of the posting of public records on the internet. The accessibility of public records promotes governmental accountability and transparency. Conversely, in a technological age, the exposure of private citizens’ information jeopardizes their safety.
There are a variety of public records that are accessible via the internet. These include tax records, motor vehicle records, voter files, state and federal licenses, and court files. Of most concern are court files. Court files contain sensitive information regarding the personal lives and identities of individuals involved in the file. Issues dealing with family law are particularly concerning. Posted court files lend themselves to identity theft, safety threats, and intimidation that did not exist when only paper records were kept. Paper records created a “de facto privacy” that required the inquirer to activity go to a courthouse and retrieve documents. When documents are posted on line, they may readily be accessed by the “click of a mouse” eliminating any privacy the individual may have had.
Givens suggests that there are several “negative consequences” of posting court records on the internet and then offers several suggestions to amend them. I will speak to three of these.

Identity Theft. The posting of personal information when it is not pertinent fact constitutes irresponsible posting by governmental agencies. The inclusion of unnecessary personal identifying information or the failure to block information to public view should be carefully reviewed. That high opportunity is afforded to identity thieves is indisputable.
The creation of a “two-tier” report posting seems to remedy some of the unnecessary exposure problem. The fact of a matter may be posted e.g. a child was abused. The identifying information regarding the accused social security numbers, address, etc. as well as the texted record of the grief imposed upon the child need not be entered on line. If this information is wanted, the person wanting it may then request of the courthouse records department to have it.

Risks of Personal Safety. In criminal court proceedings, victims, witnesses, and jury members are all at risk of for personal safety when identifying information is posted on the internet. Witnesses and jury members may be in fear of personal safety and decline to participate in juries except under duress. Justice potentially may not be served on several levels.
The “two-tier” method may be of some help here, but more aggressive measures should be taken to protect innocent persons such as concealment of identity except by personal request.

“Private” Judges. The existence and function of “private” judges as well as the desirability of judgment by the court alone attests to the concern for the privacy and functionality of a jury of “peers.” Though the option for these judgment avenues has long existed, posting sensitive and private information to the internet acerbates this so called dual system of justice. The ability to safeguard personal information should be the right of all persons in a free society. As our society becomes increasingly diverse and less apt to comprehend the personal liberties yet afforded it by law, I believe more persons will opt for private or court versus jury judgments in certain types of cases.

Work Cited

Givens, Beth. “Public Records on the Internet: The Privacy Dilemma.”
Privacy Rights Clearinghouse. Mar. 2006. 28 Nov. 2008.