Task force mulls law on open records

Is it the government's role to provide the public with information? What about for commercial purposes, and if so, should the government charge for that information?

Those questions were raised Tuesday before the Government Records Access Management Task Force in a discussion over the use of government information for commercial purposes, something that is not addressed in Utah government's open records law, commonly referred to as GRAMA.

Officials from the state's driver's license division testified that around 15 years ago, federal law precluded public access to personal information, leaving only a person's name and driving record, which is restricted mainly to insurance companies and law enforcement.

But some lawmakers expressed concern that other state agencies may be divulging personal information, pointing out that GRAMA allows each state department head to classify if information is public or private.

"I believe that we should set a policy and standard statewide," said Sen. Mark Madsen, R-Lehi, adding he felt that personal information, such as names and addresses should be given the highest privacy classification, and kept from public access.

However, such information also forms the basis for the recording of property ownership by counties.

Salt Lake County Recorder Gary Ott said that the public's access to land records, which may include private information, is a "long-held tradition in America." Ott added that while the public should have a right to view information at his office, government agencies should be able to charge "fair market value" for large databases that can prove valuable to companies. Property information for hundreds of thousands of properties in Salt Lake County alone can run $25,000, Ott said.

But some lawmakers asked where the line should be drawn between doing the public's business and doing business with the public. There was discussion of trying to set a standard for fair cost for compiling data upon request.

David Monk, owner of Beat The Bookstore, said he encounters resistance from state schools, such as Weber State University and University of Utah, when requesting lists of textbookstext books. Monk said although he feels the information is public, campus bookstores simply don't want his competition for their business.

Two lawmakers took the opportunity to question the media's right to access public information. Madsen was joined by Rep. Craig Frank, R-Pleasant Grove, to argue that the presumption under GRAMA that the media is doing work in the public's interest should be removed.

"It appears we have created a double standard," Frank said, between members of the media covering government and other commercial organizations. "I take exception to some degree. . . . We're making a presumption that the media is acting in the public's interest."

Madsen said he did not see the difference between the media and any other commercial enterprise.

Weber State University communication professor Allison Barlow Hess, who attended Tuesday's meeting, said she felt the comments were "clear antagonism" by the two lawmakers. Hess said in the past, legislators worked closely with members of the media and citizen groups for five years to create GRAMA. Now, Hess said, a task force comprised exclusively of legislators, is proposing some significant changes.

The GRAMA Task Force is scheduled to meet again Oct. 18.

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E-mail: gfattah@desnews.com

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