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Other states opt for openness
 
By CURTIS KILLMAN World Staff Writer
Published: 3/29/2008  1:05 AM
Last Modified: 3/29/2008  1:05 AM

Maryland and Minnesota learn a hard lesson about restricting access to court records.

As Oklahoma court officials rethink what records should be made public, the experience of two other states may be a good guide.

In Maryland and Minnesota, which both developed new public access policies in recent years, officials utilized a much-publicized, multistage process that included input from both the private and public sectors.

"I think quite honestly you would be foolish not to make that an open process because there's a lot of people who have different points of view," said John Kostouros, director of the Minnesota State Court Information Office. "I think you want them all to feel as though they were heard, even if they may not agree with the final result."

Similarly, Maryland court officials in 2004 wrapped up a sometimes contentious, five-year process of revising court record access rules.

Initial attempts by Maryland court officials to modify that state's access rules were met with outrage from the public, which was initially excluded from the process, said Sally Rankin, Maryland Judiciary Court information officer.

"We were just excoriated from all quarters, not just from the media, but from various other organizations who used our records, like private security people and small businesses and the banking industry, tenants associations trying to do checks on tenants," Rankin said.

Oklahoma's proposed rules: The Oklahoma Supreme Court on Tuesday rescinded new public access rules it issued March 11. The new rules, which followed a series of meetings involving a handful of county court clerks and Oklahoma Supreme Court staff, would have further restricted the amount of personal information that could be found on the Internet and on paper records at the courthouse.

The rules, aimed at addressing privacy concerns, also required the immediate removal of all images of court pleadings that were available over the Internet for some counties.

Personal information required to be redacted from all court filings, be it paper or electronic form, included dates of birth, street addresses, Social Security numbers and financial account numbers.

Using court records: The data restrictions drew concerns from media groups and private businesses, including those that broker data such as Atlanta-based ChoicePoint.

ChoicePoint spokesman Chuck Jones said the company was "deeply committed" to protecting personal information and privacy.

But, Jones said, ChoicePoint was "concerned that any restrictions of access to public records will prevent us from helping employers and nonprofit organizations en sure the safety of the work place and vulnerable populations, including children."

Data broker companies want as many personal identifiers as they can get to ensure their information doesn't implicate the wrong person, said Alan Carlson, president of the Denver-based Justice Management Institute.

"They want to get the information that's in court records, but they want to make sure it's the right John Smith," said Carlson, who helped co-author a model policy on court records access.

What to make public? Carlson said courts across the country are wrestling with which records to make public and which to keep from the public eye.

"Everybody is going to say no Social Security numbers," Carlson said. "And then you have more variety about birth dates and where people live and financial account information."

He said courts are split on what personal identification information should be made available over the Internet.

"Certainly the trend is restrict all that stuff, either redact it or keep it out of the documents," Carlson said.

Identity theft concerns typi fy most reasons for restricting some court records.

"There are documented cases where people's identity were stolen from the court," Carlson said. "How big a problem it is, I don't know."

Getting interested parties involved: Meanwhile, Maryland court officials continue to consider changes to public access rules. One issue in particular -- whether images of court records should be made available on the Internet -- will have to be tackled in the near future, Rankin said.

And as for advice for any courts considering revising their public access rules?

"It's so important from the beginning to figure out which organizations, which industries, or what parties have an interest in using information from court records and get them at the table as early in the process as possible," Rankin said.

"I think you would end up with a better result. It introduces a whole lot of controversy and conflict, but it also helps give everyone a fuller appreciation of how complex the issues are."


Curtis Killman 581-8471
curtis.killman@tulsaworld.com

By CURTIS KILLMAN World Staff Writer

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tulsastorm, Tulsa (3/29/2008 5:44:48 AM)
I'm currently in a dispute with TransUnion on a couple of court cases they insist belong on my credit report. It was sweet revenge to look up the cases on the OSCN website and send a copy to TransUnion. I must agree that Social Security and account numbers, and birthdates should probably be blacked out on court records. The major credit bureaus use Choicepoint to look up court cases and associate them to credit reports, so I don't really feel sorry for them. Keep the records public, but black out sensitive information. Individual interests should always come before corporate interests.
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affirmitve, tulsa (3/29/2008 7:19:54 AM)
if you cant trust affirmitve action government employees with
sensitive information WHO CAN YOU TRUST.
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Brute, Tulsa (3/29/2008 11:22:31 AM)

Yeah, #2, if only government employees, whatever their stature, have access, then information only gets out when it's beneficial to government. And, stays with them when that's so.

Basically, anything said or admitted in a courtroom, a public meeting per se, should be available in print and online, except when specifically sealed by the judge in a particular case, and for particular data. Some simple universal rules would seem appropriate, such as masking SS numbers. I don't think birthdates or addresses meet that challenge, but account numbers might.

Ease of access isn't the issue if it's available at all.
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Boilermaker, (3/31/2008 1:56:27 PM)
Lawyers....they rule the world!
 

 
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