1. PRIVACY and PUBLIC POLICY CPCU SOCIETY CPCU SOCIETY NEW JERSEY CHAPTER NEW JERSEY CHAPTER MAY 14, 2003 MAY 14, 2003 Presented by: Presented by: Gary Trobe Gary Trobe

2. EXPECTATION OF PRIVACY WHO IS ENTITLED TO PRIVACY ? GENERAL PUBLIC CLAIMANT PLAINTIFF INSURED EMPLOYEE THE WITNESS THE PERPETRATOR THE VICITIM

3. MEETING THE REQUIREMENTS IS THE AREA OBSERVABLE TO THE GENERAL PUBLIC? IS THE AREA OBSERVABLE TO THE GENERAL PUBLIC? ARE THE RECORDS WITHIN THE PUBLIC DOMAIN? ARE THE RECORDS WITHIN THE PUBLIC DOMAIN? IS THERE AN AUTHORIZATION REQUIRED? IS THERE AN AUTHORIZATION REQUIRED? CAN THE RECORDS BE SUBPOENAED? CAN THE RECORDS BE SUBPOENAED?

4. INFORMATION SOURCES WITHIN THE PUBLIC DOMAIN DMV RECORDS DMV RECORDS CIVIL COURT RECORDS CIVIL COURT RECORDS CRIMINAL COURT RECORDS CRIMINAL COURT RECORDS PUBLIC FILINGS PUBLIC FILINGS UCC FILINGS UCC FILINGS JUDGEMENTS JUDGEMENTS BANKRUPTCY BANKRUPTCY MORTGAGES MORTGAGES LIENS LIENS CORPORATION FILINGS CORPORATION FILINGS SEC FILINGS SEC FILINGS LICENSING LICENSING REAL ESTATE TRANSACTIONS REAL ESTATE TRANSACTIONS

5. OTHER SOURCES OF INFORMATION CREDIT HEADER REPORTS CREDIT HEADER REPORTS CREDIT APPLICATIONS CREDIT APPLICATIONS TELEPHONE RECORDS TELEPHONE RECORDS MEMBERSHIP APPLICATIONS MEMBERSHIP APPLICATIONS CONTEST APPLICATIONS CONTEST APPLICATIONS SURVEYS SURVEYS TELEMARKETING SOURCES TELEMARKETING SOURCES CHARITY SOURCES CHARITY SOURCES

6. PERMISSABLE INVESTIGATIVE PURPOSES OFFICIAL GOVERNMENT DUTIES OR OBLIGATIONS – BY GOVERNMENTAL AUTHORITY OFFICIAL GOVERNMENT DUTIES OR OBLIGATIONS – BY GOVERNMENTAL AUTHORITY LAW ENFORCEMENT DUTIES LAW ENFORCEMENT DUTIES BY FINANCIAL INSTITUTIONS TO INVESTIGATE MISCONDUCT OR FRAUD BY FINANCIAL INSTITUTIONS TO INVESTIGATE MISCONDUCT OR FRAUD BY INSURANCE INSTITUTIONS TO INVESTIGATE CRIMINAL ACTIVITY, FRAUD, OR OTHER INVESTIGATIONS AUTHORIZED BY LAW ETC. AS PART OF THE RISK MANAGEMENT PROCESS. BY INSURANCE INSTITUTIONS TO INVESTIGATE CRIMINAL ACTIVITY, FRAUD, OR OTHER INVESTIGATIONS AUTHORIZED BY LAW ETC. AS PART OF THE RISK MANAGEMENT PROCESS. FOR CONSUMER INSURANCE TO MAINTAIN ACCOUNTS, PREVENT FRAUD, REPORTING OR INVESTIGATING FRAUD, OR MATERIAL MISREPRESENTATION. FOR CONSUMER INSURANCE TO MAINTAIN ACCOUNTS, PREVENT FRAUD, REPORTING OR INVESTIGATING FRAUD, OR MATERIAL MISREPRESENTATION. TO COLLECT CHILD SUPPORT TO COLLECT CHILD SUPPORT DEBT OR JUDGEMENT COLLECTION DEBT OR JUDGEMENT COLLECTION FOR USE TO PROTECT OR PREVENT ACTUAL OR POTENTIAL FRAUD FOR USE TO PROTECT OR PREVENT ACTUAL OR POTENTIAL FRAUD

7. PERMISSABLE USES FOR USE IN RESOLVING CUSTOMER DISPUTES FOR USE IN RESOLVING CUSTOMER DISPUTES FOR USE BY PERSONS ETC. IN HOLDING A BENEFICIAL INTEREST OF THE CONSUMER FOR USE BY PERSONS ETC. IN HOLDING A BENEFICIAL INTEREST OF THE CONSUMER FOR USE IN REQUIRED RISK CONTROL PROGRAMS FOR USE IN REQUIRED RISK CONTROL PROGRAMS WHEN ACTING WITH THE CONSUMERS CONSENT IN A FIDUCIARY OR REPRESENTATIVE CAPACITY WHEN ACTING WITH THE CONSUMERS CONSENT IN A FIDUCIARY OR REPRESENTATIVE CAPACITY WHEN COMPLYING WITH FEDERAL, STATE OR LOCAL REQUIREMENTS WHEN COMPLYING WITH FEDERAL, STATE OR LOCAL REQUIREMENTS WHEN COMPLYING WITH A PROPERLY AUTHORIZED CIVIL, CRIMINAL OR REGULATORY INVESTIGATION, SUBPOENA OR SUMMONS ISSUED BY ANY FEDERAL, STATE OR LOCAL AUTHORITY WHEN COMPLYING WITH A PROPERLY AUTHORIZED CIVIL, CRIMINAL OR REGULATORY INVESTIGATION, SUBPOENA OR SUMMONS ISSUED BY ANY FEDERAL, STATE OR LOCAL AUTHORITY FOR ANY PERMISSABLE PURPOSE NOT RESTRICTED BY LAW AND CAN BE REASONABLY EXPECTED TO BE THE PART OF THE NORMAL COURSE AND SCOPE OF BUSINESS OR PROFESSION, AND FOR USE OF ANY NON-BUSINESS CLIENT. FOR ANY PERMISSABLE PURPOSE NOT RESTRICTED BY LAW AND CAN BE REASONABLY EXPECTED TO BE THE PART OF THE NORMAL COURSE AND SCOPE OF BUSINESS OR PROFESSION, AND FOR USE OF ANY NON-BUSINESS CLIENT.

8. DOCUMENTS OR INFORMATION THAT IS NO LONGER AVAILABLE FORWARDING ADDRESS FORWARDING ADDRESS DATES OF BIRTH DATES OF BIRTH RAP SHEETS RAP SHEETS UNLISTED/UNREPORTED PHONE NUMBERS UNLISTED/UNREPORTED PHONE NUMBERS SOCIAL SECURITY NUMBERS SOCIAL SECURITY NUMBERS BANK ACCOUNTS (W/O JUDGEMENT) BANK ACCOUNTS (W/O JUDGEMENT) HEALTH SERVICES/PROVIDER INFORMATION HEALTH SERVICES/PROVIDER INFORMATION CREDIT HISTORY CREDIT HISTORY

9. WHY IS THIS INFORMATION RESTRICTION A PROBLEM THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING AN INVESTIGATION THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING AN INVESTIGATION THERE ISSUES OF PRIVACY WHEN OBTAINING BACKGROUND ON AN INDIVIDUAL CLAIMANT OR APPLICANT OR WITNESS THERE ISSUES OF PRIVACY WHEN OBTAINING BACKGROUND ON AN INDIVIDUAL CLAIMANT OR APPLICANT OR WITNESS UNABLE TO FULLY INVESTIGATE A CLAIM UNABLE TO FULLY INVESTIGATE A CLAIM UNABLE TO FULLY INVESTIGATE AN APPLICATION FOR INSURANCE UNABLE TO FULLY INVESTIGATE AN APPLICATION FOR INSURANCE UNABLE TO QUIETLY INVESTIGATE AN EMPLOYEE WHEN AN ALLEGATION OF FRAUD OR MISCONDUCT IS SUSPECTED UNABLE TO QUIETLY INVESTIGATE AN EMPLOYEE WHEN AN ALLEGATION OF FRAUD OR MISCONDUCT IS SUSPECTED THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING A SURVEILLANCE THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING A SURVEILLANCE

10. THE INVESTIGATOR AND SURVEILLANCE WHY IS THE SURVEILLANCE BEING DONE? WHY IS THE SURVEILLANCE BEING DONE? IDENTIFY EXACTLY WHO THE SUBJECT IS IDENTIFY EXACTLY WHO THE SUBJECT IS IS THE AREA WHERE THE INVESTIGATION WILL TAKE PLACE IN AN OPEN AND PUBLIC SPACE ?. IS THE AREA WHERE THE INVESTIGATION WILL TAKE PLACE IN AN OPEN AND PUBLIC SPACE ?. WILL YOU VIOLATE STALKING LAWS? WILL YOU VIOLATE STALKING LAWS?

11. THE PRETEXT GLB AND THE FTC FINDS THAT PRETEXTING, OR THE ACT OF OBTAINING FINANCIAL INFORMATION UNDER FALSE PRETENSE IS ILLEGAL. GLB AND THE FTC FINDS THAT PRETEXTING, OR THE ACT OF OBTAINING FINANCIAL INFORMATION UNDER FALSE PRETENSE IS ILLEGAL. MISREPRESENTING YOUR IDENTITY MISREPRESENTING YOUR IDENTITY USING OTHERS TO OBTAIN INFORMATION USING OTHERS TO OBTAIN INFORMATION MAKING FALSE OR MISLEADING REPRESENTATIONS MAKING FALSE OR MISLEADING REPRESENTATIONS SELLING, DISCLOSING OR ACTING UPON THE OBTAINED INFORMATION SELLING, DISCLOSING OR ACTING UPON THE OBTAINED INFORMATION

12. THE FTC OPINIONS ON PRETEXTING IDENTIFIED INFORMATION BROKERS AND INVESTIGATORS IDENTIFIED INFORMATION BROKERS AND INVESTIGATORS ALLEGEDLY IDENTIFYING INFORMATION NOT READILY AVAILABLE IN THE PUBLIC DOMAIN ALLEGEDLY IDENTIFYING INFORMATION NOT READILY AVAILABLE IN THE PUBLIC DOMAIN BANK ACCOUNTS BANK ACCOUNTS CREDIT CARDS CREDIT CARDS STOCKS STOCKS BONDS BONDS SAFE DEPOSIT BOXES SAFE DEPOSIT BOXES MUTUAL FUNDS MUTUAL FUNDS

13. WHEN IS PRETEXTING ALLOWABLE WHEN NO FINANCIAL OR PRIVATE INFORMATION IS COLLECTED OR REPORTED WHEN NO FINANCIAL OR PRIVATE INFORMATION IS COLLECTED OR REPORTED INTENTION IS TO LOCATE INTENTION IS TO LOCATE INTENTION IS TO IDENTIFY INTENTION IS TO IDENTIFY SOME EXAMPLES OF A PERMISSABLE PRETEXT: SOME EXAMPLES OF A PERMISSABLE PRETEXT: TO IDENTIFY AN IDIVIDUAL THAT IS THE SUBJECT OF AN INVESTIGATION TO IDENTIFY AN IDIVIDUAL THAT IS THE SUBJECT OF AN INVESTIGATION TO LOCATE AN INDIVIDUAL THAT IS THE SUBJECT OF AN INVESTIGATION OR CLAIM TO LOCATE AN INDIVIDUAL THAT IS THE SUBJECT OF AN INVESTIGATION OR CLAIM TO INVESTIGATE WHEN COLLECTING A JUDGMENT, OR CLAIM TO INVESTIGATE WHEN COLLECTING A JUDGMENT, OR CLAIM

14. MOTOR VEHICLE RECORDS DRIVING RECORDS DRIVING RECORDS VEHICLE REGISTRATIONS VEHICLE REGISTRATIONS VEHICLE TITLES VEHICLE TITLES BOAT REGISTRATIONS BOAT REGISTRATIONS MEDICAL EXAMINATIONS MEDICAL EXAMINATIONS DMV HEARINGS DMV HEARINGS ADJUDICATIONS ADJUDICATIONS ACCIDENT REPORTS ACCIDENT REPORTS

15. AVAILABILTY OF DMV RECORDS DIRECT SELL ON LINE SERVICES - NY DIRECT SELL ON LINE SERVICES - NY INFORMATION BROKERS AND SEARCH COMPANIES INFORMATION BROKERS AND SEARCH COMPANIES ON LINE SERVICE PROVIDERS – USUALLY REPORTED AS PART OF A CREDIT HEADER ON LINE SERVICE PROVIDERS – USUALLY REPORTED AS PART OF A CREDIT HEADER BY SUBPOENA OR COURT ORDER BY SUBPOENA OR COURT ORDER DIRECT REQUEST FOR PERMISSABLE USE DIRECT REQUEST FOR PERMISSABLE USE ACCIDENT OR CLAIM INVESTIGATION ACCIDENT OR CLAIM INVESTIGATION PRE-EMPLOYMENT PRE-EMPLOYMENT INSURANCE APPLICATION INSURANCE APPLICATION

16. CRIMINAL RECORD SOURCES AND ISSUES BUREAU OF PRISON/CORRECTIONS BUREAU OF PRISON/CORRECTIONS SEX ABUSE ON LINE DATA BASE SEX ABUSE ON LINE DATA BASE BY SUBPOENA OR COURT ORDER BY SUBPOENA OR COURT ORDER IN SOME STATES BY AUTHORIZATION ONLY IN SOME STATES BY AUTHORIZATION ONLY CRIMINAL COURT FILES CRIMINAL COURT FILES MAY REQUIRE AUTHORIZATION MAY REQUIRE AUTHORIZATION MAY REQUIRE LICENSING MAY REQUIRE LICENSING MAY REQUIRE HAND SEARCH MAY REQUIRE HAND SEARCH NOT AVAILABLE ON LINE NOT AVAILABLE ON LINE MAY REQUIRE A FORM MAY REQUIRE A FORM

17. WORK HISTORY ISSUES NO PUBLIC DATABASE NO PUBLIC DATABASE CIB MAY PRODUCE WORKERS COMPENSATION CLAIM HISTORY CIB MAY PRODUCE WORKERS COMPENSATION CLAIM HISTORY ISSUE CONCERNING PRETEXTING ISSUE CONCERNING PRETEXTING FINANCIAL APPLICATIONS FINANCIAL APPLICATIONS INSURANCE INSURANCE CREDIT CREDIT LOANS LOANS

18. MEDICAL HISTORY RECORDS HIPAA AUTHORIZATION REQUIRED HIPAA AUTHORIZATION REQUIRED LIMITED TO TREATMENT DATES OR SERVICES PROVIDED LIMITED TO TREATMENT DATES OR SERVICES PROVIDED RECORDS MAINTAINED BY AN EMPLOYER OR CARRIER RECORDS MAINTAINED BY AN EMPLOYER OR CARRIER WORKERS COMP RECORDS WORKERS COMP RECORDS PRE EMPLOYMENT SCREENING PRE EMPLOYMENT SCREENING NO FAULT\PIP NO FAULT\PIP UNABLE TO PRETEXT FOR BILLING OR TREATMENT UNABLE TO PRETEXT FOR BILLING OR TREATMENT ALTHOUGH LAW ENFORCEMENT PURPOSES EXCLUDED ALTHOUGH LAW ENFORCEMENT PURPOSES EXCLUDED

19. MEDICAL RECORDS SUBPOENA SERVICE SUBPOENA SERVICE ISSUES NEW YORK ISSUES NEW YORK SO-ORDERED SO-ORDERED NOTIFICATION TO PATIENT NOTIFICATION TO PATIENT ISSUES NEW JERSEY ISSUES NEW JERSEY DOCTORS AND THE STATE MEDICAL EXAMINERS BOARD DOCTORS AND THE STATE MEDICAL EXAMINERS BOARD HOSPITAL REQUIREMENTS HOSPITAL REQUIREMENTS AVAILABILTY OF RECORDS AT COURT AVAILABILTY OF RECORDS AT COURT

20. PERSONAL DATA AVAILABLE TO THE INVESTIGATOR FAMILY MEMBERS WITHIN SAME GEOGRAPHIC AREA OR HOUSEHOLD FAMILY MEMBERS WITHIN SAME GEOGRAPHIC AREA OR HOUSEHOLD NEIGHBORS NEIGHBORS REPORTED ADDRESS HISTORY REPORTED ADDRESS HISTORY REPORT TELEPHONE NUMBERS REPORT TELEPHONE NUMBERS BUSINESS FILINGS BUSINESS FILINGS CORPORATIONS CORPORATIONS DBA DBA PC OR PA PC OR PA LLC, LLP LLC, LLP LICENSES LICENSES UCC FILINGS UCC FILINGS PROPERTY OWNERSHIP PROPERTY OWNERSHIP PUBLIC FINANCIAL REPORTING PUBLIC FINANCIAL REPORTING DEATH RECORDS DEATH RECORDS CIVIL RECORDS CIVIL RECORDS CRIMINAL RECORDS CRIMINAL RECORDS FAA RECORDS FAA RECORDS WATERCRAFT RECORDS WATERCRAFT RECORDS

21. AVAILABLE AND REPORTABLE PERSONAL INFORMATION AS A RESULT OF THE VARIOUS SEARCHES THE FOLLOWING PREVIOUSLY UNIDENTFIED PERSONAL INFORMATION MAY BECOME AVAILABLE: DATE OF BIRTH DATE OF BIRTH SOCIAL SECURITY NUMBER SOCIAL SECURITY NUMBER VEHICLE OWNERSHIP VEHICLE OWNERSHIP DMV HISTORY DMV HISTORY NAMES AND ASSOCIATED NAMES NAMES AND ASSOCIATED NAMES ALIAS ALIAS WIFES NAME WIFES NAME FAMILY MEMBERS FAMILY MEMBERS

22. INFORMATION SOURCES INFORMATION BROKER DATABASES AND SEARCHERS INFORMATION BROKER DATABASES AND SEARCHERS CHOICE POINT CHOICE POINT ISO ISO DATACASE DATACASE IRB IRB INFOAMERICA INFOAMERICA

23. INFORMATION SOURCES FEDERAL, STATE AND LOCAL AGENCY DATABASES FEDERAL, STATE AND LOCAL AGENCY DATABASES CORRECTIONS CONNECTION CORRECTIONS CONNECTION DEPARTMENT OF BUILDINGS DEPARTMENT OF BUILDINGS CORPORATION AND LICENSING FILING CORPORATION AND LICENSING FILING DMV DMV PROFESSIONAL LICENSING PROFESSIONAL LICENSING REAL PROPERTY OWNERSHIP REAL PROPERTY OWNERSHIP UCC, BANKRUPTCY, LIEN, JUDGEMENT UCC, BANKRUPTCY, LIEN, JUDGEMENT SOCIAL SECURITY DEATH INDEX SOCIAL SECURITY DEATH INDEX CIVIL COURT DOCKETS CIVIL COURT DOCKETS

24. INFORMATION SOURCES INTERNET SEARCH INFORMATION INTERNET SEARCH INFORMATION SOCIETYS AND ORGANIZATIONS SOCIETYS AND ORGANIZATIONS GOVERNMENT WEB SITES GOVERNMENT WEB SITES TRADE PAPERS TRADE PAPERS NEWSPAPERS, PERIODICALS, JOURNALS NEWSPAPERS, PERIODICALS, JOURNALS BUSINESS AND PERSONAL WEB SITES AND BULLETIN BOARDS BUSINESS AND PERSONAL WEB SITES AND BULLETIN BOARDS SEARCH ENGINES SEARCH ENGINES GOOGLE GOOGLE LYCOS LYCOS DOGPILE DOGPILE MSN MSN

25. INFORMATION SOURCES GUM SHOE ACTIVITY GUM SHOE ACTIVITY CIVIL COURT FILES CIVIL COURT FILES CRIMINAL COURT FILES CRIMINAL COURT FILES NEWSPAPERS NEWSPAPERS BUILDING RECORDS BUILDING RECORDS BUSINESS FILINGS BUSINESS FILINGS NEIGHBORS, FRIENDS, RELATIVES NEIGHBORS, FRIENDS, RELATIVES GOVERNMENTAL REPORTS GOVERNMENTAL REPORTS GOVERNMENTAL FILES GOVERNMENTAL FILES