Balancing Transparency and Privacy in Open Access to Public Records presented at GlobalPrivacySummit 2019

by Cindy Van Ort, Christopher Calabrese, David Cuillier, Sara Depaul,

Summary : Programmed by the IAPP Privacy Bar Section Advisory Board. Perhaps inadvertently, the California Consumer Privacy Act imposes privacy requirements on the use of public record information for purposes that are “not compatible with the purpose for which the data is maintained and made available.” This constraint operates after public records have been screened and sensitive personal information, like financial or medical information, has been removed and a judgment made by public officials that release is in the public interest. As other states seek to imitate the CCPA and Congress is considering a new national privacy law, the need to balance privacy and transparency in open government records will be a major issue. This panel will discuss how the CCPA and measures like it could prevent the use of public record information for important public purposes including journalism, fighting financial fraud and terrorist financing, assisting in criminal investigations, law enforcement and business risk management. It will touch on constitutional issues raised by public record restrictions and other ways to provide privacy protection, consistent with maintaining an open government data policy.What you’ll take away:How will the CCPA and measures like it prevent the use of public record information for important public purposes?What constitutional issues are raised by public record restrictions?How can policymakers remedy these challenges?