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Privacy Study Commission Meeting Minutes
May 23, 2003

Chairman Litwin called the meeting to order at 10:35 a.m.
Chairman Litwin read the Open Public Meetings Statement.
Chairman Litwin led all present in the salute to the flag.
Ms. Buckelew called the roll as follows:

Commission Members Present: Chairman Larry Litwin, Grayson Barber, Thomas Cafferty, George Cevasco, William Kearns, Jack McEntee, Karen Sutcliffe and H. Lawrence Wilson. Richard DeAngelis arrived after the roll call had been taken.

Commission Members Absent: Edithe Fulton, John Hutchinson, Pamela McCauley, and Rosemary Karcher-Reavey.

Staff Present: Paul Dice, Assistant Executive Director of the Government Records Council, Catherine Starghill, Legal Specialist, and Jeannie Janukowicz and Lori Buckelew, Division of Local Government Services staff.

Mr. Kearns moved to approve the minutes of April 29, 2003, with a second by Ms. Barber. The motion was adopted on a call of ayes and nays as follows:

Ayes: Chairman Litwin, Ms. Barber, Mr. Cafferty, Mr. Cevasco, Mr. Kearns, Mr. McEntee, Ms. Sutcliffe, and Mr. Wilson.

Nays: None.

Abstain: None.

Mr. Cafferty gave a presentation on the Press Issues with Privacy. Mr. Cafferty provided examples of how public records provide information for news articles and provide information for the editorial process.

Daniel Nestel, Reed Elsevier's Director of the State Government Affairs, gave a presentation on Commercial Use of Personal Information in Government Records. Mr. Nestel explained that Reed Elsevier is a large public information company that provides information business-to-business and does not use public records to market or solicit. Their largest clients are attorneys and their largest government client is law enforcement. Mr. Nestel made the following observations: (1) a large number of vital legitimate businesses such as banks, insurance companies, and credit card companies use public records; (2) public records can be used to help prevent identity fraud; and (3) the opt-out provision is generally used by people who don't wish to be found.

Mr. McEntee asked whether unlisted phone numbers can be found in public records. Mr. Nestel stated that the company does not remove any information from the public record. The citizen should go to the source to remove the unlisted home phone number.

Mr. DeAngelis questioned what public records Reed Elsevier gathers besides property transactions. Mr. Nestle noted that they obtain business filings, judgments, liens, motor vehicle records with restrictions, and death certificates.

Chairman Litwin requested that Commission members review the timeline for accomplishing the tasks pending before the Commission. Ms. Starghill reviewed the Commission's subcommittee process.

Ms. Starghill announced the dates for the public hearings as follows: June 10th at Mercer County Community College, June 16th at Rowan University and June 17th at Montclair State University. All public hearings will be held from 4:00 p.m. to 7:00 p.m.

Subcommittee Reports were discussed as follows:

Special Directive: Ms. Barber stated that the sub-committee will prepare a draft report after the upcoming public hearings.

New Jersey Practices: Ms. Sutcliffe noted that the sub-committee is currently establishing liaisons with all of the state departments.

Outside New Jersey: Ms. Barber stated that the sub-committee is preparing a draft report.

Public Interest: Ms. Starghill noted the public hearing dates.

Technology: Mr. Kearns reported on the Office of Information Technology's presentation. Mr. Kearns suggested that the presentation be given to the entire Commission.

Commercial Use: Mr. Cafferty noted that the sub-committee has established a structure and are in the process of gathering information.

Ms. Starghill provided the Commission with a staff update.

Chairman Litwin opened the meeting for public comment. Hearing no one, Mr. Kearns moved to adjourn, with a second from Mr. Cafferty.

Chairman Litwin adjourned the meeting at 12:03 p.m.

Respectfully submitted,

Larry Litwin, Chairman


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