Privacy, Confidentiality, and the Best Interest of the State Richard Pearce-Moses Director of Digital Government Information Arizona State Library, Archives and Public Records

Key Concepts Privacy 1. The quality of being free from public scrutiny. – 2. The quality of having personal information protected

Key Concepts Confidentiality The quality of being kept secret within an authorized group

Key Concepts Practical Obscurity Being sufficiently difficult to access that privacy or confidentiality is preserved

Why Worry About Privacy? Identity Theft Invasion of Privacy False or Inaccurate Information

The Importance of Open Records Constructive Notice Good Government Prevent Fraud

Access v. Obscurity Internet greatly increases public access Increased access also increases opportunity for abuse

What’s Must be Kept Confidential? Very Little Almost all records and other matters in public offices are open to public inspection unless excluded by specific statute or regulation See: Arizona Agency Handbook

What’s Must be Kept Confidential? Some Examples Student records [FERPA] Medical records [HIPAA] Driver’s license information [DPPA] Birth and Death Records [ARS ] Banking, trust and escrow records [ARS 6-860]

More Laws on the Horizon HB 2382 Prohibits release of social security numbers by anyone, including government agencies Proposed Senate amendment would add financial account numbers to the law

But... Officials have discretion to deny or restrict access in recognition of privacy, confidentiality, or the best interests of the state. However... The public may inspect records since alternatives exist such as redaction of specific, personal, identifying information.

Where is Confidential Information Hiding? “[Agency] collects no personally identifying information about individuals except when specifically and knowingly provided by such individuals.” — Website [16/Mar/2004:14:36: ] "GET /WebCat_Images/ English/Access_tabs/Yellow_solid/C_BASIC1.gif HTTP/1.1" [16/Mar/2004:14:41: ] "GET WebCat_Images/ Other/Misc/preservestatelogosmall.gif HTTP/1.1"

Where is Confidential Information Hiding? One of the biggest problems is the inadvertent release of information buried in documents, rather than the intentional release of confidential information.

Things to Do Avoid capturing personal information unless absolutely necessary Conduct a survey of records – especially online records – to see if they contain sensitive information Work with the Arizona State Library’s Records Management Division to see that records containing sensitive information are disposed of properly and in a timely manner.