Sale of personal data to retailers raises issues

While agreeing there is a need to protect the privacy of residents, Utah lawmakers want to make sure a new proposal isn't so broad it prevents general access to routine public records.

A proposal brought early to the Government Operations Interim Committee this week by Salt Lake County Recorder Gary Ott seeks to criminalize the sale of certain government information in mass form for commercial purposes.

"We make way too much information public, and people are taking advantage of that," said Rep. Lorraine Pace, R-Logan.

Ott told committee members that government needs to be more responsive in protecting the release of personal identifying information — especially if it ends up being used for an altogether different purpose by businesses.

Ott said anyone involved in mass marketing, such as businesses trying to sell goods or services such as window shutters, carpet cleaning or other goods, routinely request mass compilations of government data to market their product.

"People are frustrated, demanding that government protect information they are required to provide to government," he said.

Lawmakers did not act on the draft legislation, seeking instead to have more clarifying language added to the bill before it progresses any further.

They had concerns, too, that early objections by attorneys and others about interfering with the state's Government Records and Management Act might have merit.

That act classifies which information is "public, protected or private," governing which records must be disclosed upon request or are prohibited from being released.

The law is routinely used by journalists to track down information, as well as residents seeking documents for a variety of purposes.

On Tuesday, the nine-member Salt Lake County Council voted unanimously in favor of a resolution urging the proposal not go forward. Kara Thompson, a county employee speaking on their behalf, said Ott's idea smacks of clear opposition to the philosophy of GRAMA.

"Clearly they believe its wrong to criminalize the access of this information, that it is not going down the right path. You'd be creating one safeguard at the loss of another."

Ott, who has long been at odds with the council on the issue, said the intent is not to cancel out general access to public records on an individual basis, but lawmakers still wanted the distinction more clearly made.

"We need to protect in some way the confidentiality of people, yet have the public records available to the public on a general basis," said Sen. Bill Hickman, R-St. George.

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