Understanding the Public Access Debate
The debate over access to public records focuses primarily on concerns about privacy and identity theft and fraud. Technology advances and the growing trend of providing electronic access to public records have helped advance this debate. Proponents of limiting access to public records argue that the privacy protections once afforded by the “practical obscurity” of obtaining public records at a local courthouse no longer exist, and states need to consider other ways to protect the privacy of their residents. In addition, electronic access has also raised concerns over whether the information contained in public records may be helping to fuel identity theft and fraud activity.
This debate has raised numerous questions with which federal, state and local policymakers continue to grapple. Among the most prevalent is the whether certain personal information contained in public records should be restricted from disclosure? Central to this debate is whether public records are being used for identity theft and fraud purposes. CSPRA members feel strongly that imposition of restrictions on information contained in public records is not an effective policy pursuit. In fact, such attempts to restrict access will actually impede efforts to combat the very criminal activity they are purported to address.
This website provides links to a number of whitepapers and testimony that explore these issues and effectively frame the public records access debate:
The Limits of an Opt-In Policy
Identity Theft (PDF, 109k)
The Privacy Paradox (PDF, 107k)
The Public Record: Information Privacy and Access (PDF, 427k)
Social Security Numbers Contained in Public Records
