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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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