Privacy
Study Commission Meeting Minutes
June
20, 2003
Chairman
Litwin called the meeting to order at 10:40 a.m.
Chairman Litwin read the Open Public Meetings Statement.
Chairman Litwin led all present in the salute to the flag.
Ms. Buckelew called the roll as follows:
Commission
Members Present: Chairman Larry Litwin, Grayson Barber, George
Cevasco, Edithe Fulton, William Kearns (arrived at 10:46 a.m.),
Pamela McCauley (arrived at 10:50 a.m.), Jack McEntee, Rosemary
Karcher-Reavey, and H. Lawrence Wilson.
Commission
Members Absent: Thomas Cafferty, Richard DeAngelis, John Hutchison,
and Karen Sutcliffe.
Staff
Present: Matt Watkins, Director, Division of Local Government
Services, Paul Dice, Assistant Executive Director of the Government
Records Council, Catherine Starghill, Legal Specialist, and Jeannie
Janukowicz and Lori Buckelew, Division of Local Government Services
staff.
Ms.
Barber moved to approve the minutes of May 23, 2003, as amended
with a second by Mr. McEntee. The motion was adopted on a call of
ayes and nays as follows:
Ayes:
Chairman Litwin, Ms. Barber, Mr. Cevasco, Ms. Fulton, Mr. McEntee,
Judge Karcher-Reavey, and Mr. Wilson.
Nays: None.
Abstain: None.
Beverly
Lynch, Lobbyist, Lynch & Associates on behalf of the Direct
Marketing Association (DMA) made a presentation on the commercial
use of personal information in government records. Ms. Lynch's presentation
focused on the positive results of using the personal information
in government records by DMA members (i.e. increased market competition,
increased customer satisfaction, and employment of tens of thousands
in the direct marketing industry). She also explained that the DMA
has numerous policies in place geared to protect consumer privacy,
including the requirement that all DMA members allow consumers to
"opt-out" of receiving solicitations. Ms. Lynch noted
that she would respond to all questions at a later date in writing.
Grayson
Barber made a presentation on home addresses and home telephone
numbers. Ms. Barber provided the Commission with a summary of the
relevant comments received at the public hearings. Ms. Barber noted
that half of the comments received were in favor of disclosure of
home addresses and phone numbers while the other half were against
disclosure. Ms. Barber outlined the arguments in favor of disclosure
and against disclosure. Ms. Barber stated that the Special Directive
Committee would prepare a draft report summarizing the arguments
and offer a menu of policy considerations.
Discussion
ensued regarding the Commission members' observations of the public
hearings. Chairman Litwin requested that the comments received at
the public hearing and through e-mail be summarized and placed on
the Commission's website.
Chairman
Litwin encouraged subcommittees to closely adhere to the updated
study timeline. He further emphasized the necessity of every Commission
members' full participation to complete the study by next year.
Lastly, he asked Ms. Starghill to comment on the timeline and the
Commission's progress.
Subcommittee
Reports were discussed as follows:
Special
Directive: Ms. Barber stated that the subcommittee would prepare
a draft report for consideration in the upcoming weeks. The draft
report will include several policy options with recommendations.
Ms. Barber suggested that public hearings be held on the draft report.
Ms. Starghill noted that in order to hold public hearings the subcommittee
would miss its deadline. Discussion ensued. Ms. Barber recommended
that the report be presented to the Commission in September with
public hearings in October.
New
Jersey Practices: Ms. Starghill noted that the subcommittee
is working with OIT on an on-line survey of the data practices of
each State department and its affiliated agencies. She also indicated
that a few departments had not yet identified its liaisons to the
Commission.
Outside
New Jersey: Ms. Barber stated that the subcommittee is continuing
its research.
Public
Interest: Judge Karcher-Reavey discussed the recent public hearings.
Mr. Kearns recommended including the Shore region when holding future
public hearings.
Technology:
Mr. Kearns stated that the subcommittee would be meeting with Somerset
County and the Monmouth County Clerk's Office for demonstrations
on the use of GIS and other technologies.
Commercial
Use: Ms. Starghill noted that the subcommittee is in the process
of gathering information and that Choice Point would like to make
a presentation before the Commission (if schedules agree).
Ms.
Starghill provided the Commission with a staff update.
Ms.
Barber advised the Commission that she received a request of all
the e-mails and comments received by the Commission from a company.
Ms. Barber suggested that the company be required to complete an
OPRA request; the Commission should redact any identifying information
on an individual but disclose organizations. Ms. Starghill stated
that she is in the process of formatting a document with the e-mailed
public comments without alteration for posting on the Commission's
website. Ms. Starghill further indicated that the transcripts of
the public hearings are a public record. Chairman Litwin requested
that a copy of the transcripts also be placed on the website. Mr.
Dice cautioned the Commission that if it received an OPRA request,
it would have to comply with OPRA and recommended that Ms. Starghill
be named the Commission's records custodian.
Chairman
Litwin opened the meeting for public comment.
An
unidentified individual addressed the Commission regarding deeds
and mortgages. The individual explained the need to have home addresses
on deeds and mortgages.
Hearing
no one further, Judge Karcher-Reavey moved to adjourn, with a second
from Ms. Barber.
Chairman
Litwin adjourned the meeting at 12:27 p.m.
Respectfully
submitted,
Larry
Litwin, Chairman
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