NEW JERSEYNEW JERSEYPRIVACY STUDYPRIVACY STUDY

COMMISSIONCOMMISSION

By: Catherine Starghill, Esq.

Privacy Study Commission, Staff

Creation of the CommissionCreation of the Commission

The Privacy Study Commission was created under the Open Public Records Act (N.J.S. 47:1A-1 et seq.).

The Open Public Records ActThe Open Public Records Act

The Open Public Records Act (OPRA) defines the state’s policy that government records, with certain exceptions, should be readily accessible to the public for inspection, examination, and copying.

While limitations on the public’s right of access should be decided in the public’s favor, public agencies are required to keep a citizen’s personal information from public access when that access would violate the citizen’s reasonable expectation of privacy.

Creation of the CommissionCreation of the Commission

The Commission was established as a temporary body of 13 members – 9 appointed by the Governor and 4 appointed by the Legislature.

Commission MembersCommission Members

Appointments coordinated to provide a balance– Advocates for citizen privacy interests– Advocates for increased access to government

records

Commission MembersCommission Members

Larry Litwin, Chairman

Professor of Public Relations & Advertising at Rowan University

Thomas Cafferty

General Counsel of the NJ Press Association

George Cevasco

Municipal Clerk for the Township of Brick

Rosemary Karcher-Reavey

Former Superior Court Judge in Middlesex County

Commission MembersCommission Members

Jack McEntee

Detective with the Newark Police Department

Richard DeAngelis, Jr.

Attorney specializing in legislative and regulatory affairs

Pamela McCauley

Director of the Office of Victim-Witness Advocacy in the Essex County Prosecutor’s Office

Grayson Barber

Attorney specializing in privacy rights advocacy

Commission MembersCommission Members

Karen Sutcliffe

Attorney specializing in municipal law

John Hutchison

Research Director of the Senate Republican Office

H. Lawrence Wilson, Jr.

Retired Sergeant of Investigators in the Ocean County Prosecutor’s Office

Commission Members Commission Members

Edithe A. Fulton

President of the NJ Education Association

William Kearns

General Counsel of the NJ League of Municipalities

Purpose of the CommissionPurpose of the Commission

Legislatively mandated to study the privacy issues raised by the collection, processing, use and dissemination of information by public agencies

Balance

– Need for openness in government – Concerns for personal privacy and security

Purpose of the CommissionPurpose of the Commission

Privacy questions:– What are the privacy issues raised by the way

government agencies collect, process, use and disseminate information?

– How is openness in government affected by privacy issues?

– How should we deal with these issues to safeguard the privacy rights of individuals?

Commission StructureCommission Structure

The Commission established the following subcommittees:– Public Interest– Data Practices in New Jersey – Data Practices in Other Jurisdictions– Commercial Use– Technology

SubcommitteesSubcommittees

Public Interest

– Consider the views of the public as individuals and groups representing various interests on the issue of how and where to strike a balance between openness and privacy

– Host public hearings throughout the State

SubcommitteesSubcommittees

Data Practices in New Jersey

– Develop an understanding of the types of personal data collected by public agencies in New Jersey

– Consider the methods used to collect data – Assess the data’s current and potential use – Contemplate the views of public administrators on the

data’s management

SubcommitteesSubcommittees

Data Practices in Other Jurisdictions

– Learn the strategies employed by other governments to safeguard the privacy rights of its citizens

– Benchmark other states with best practices in privacy protection – CA, CN, HI, FL, and IL

– Benchmark the U.S. and European Union

SubcommitteesSubcommittees

Commercial Use

– Identify and consider the commercial uses of government information, both positive and negative

(Positive Users – credit ratings agencies and employers)

(Negative Users – identify thieves)

SubcommitteesSubcommittees

Technology

– Examine how technology facilitates the collection of data

– Examine how data can be manipulated within government

– Examine how data is used when made available to the public

– Examine the effect on government data when it is combined with data from other sources (data mining)

Additional MandateAdditional Mandate

“… study the issue of whether and to what extent the home address and home telephone number of citizens should be made publicly available by public agencies …”

Separate subcommittee to address special directive

Result of Research - Result of Research -

Recommend specific measures

Better safeguard privacy rights of NJ citizens

Commission Meetings:Commission Meetings:

All meetings are held at 10:30 AM –

Department of Community Affairs–Conference Room 129

101 S. Broad Street (corner of Broad & Front Streets)

Trenton, New Jersey 08625

2003 Meeting Dates –

July 25, 2003 October 17, 2003

September 19, 2003 November 14, 2003

December 19, 2003

Public HearingsPublic Hearings

June 10, 2003 – 4:00 PM

Mercer County Community College (West Windsor)

Room: CM-110 Communications Building June 16, 2003 – 4:00 PM

Rowan University (Glassboro)

Student Center - Ballroom June 17, 2003 – 4:00 PM

Montclair State College (Upper Montclair)

Student Center - Ballroom

Contact Information:Contact Information:

The Privacy Study Commission may be contacted:

privacy@dca.state.nj.usand at

www.nj.gov/privacy