How Private Information Becomes A Public Record

As I stated in the introduction, the reason that public records are public is unassailable -- so we the people can monitor our  government. Public records provide notice to all members of society of the official actions taken by government. They also provide notice of the "official" status of individuals and property. Making public records accessible to citizens via the Internet is a powerful way to arm people with the tools to keep government accountable.

But public records also contain a great deal of information about individuals, often very sensitive information. The following examples refer to court proceedings.

Court records often contain Social Security numbers (SSNs) and financial account numbers. These are commonly available in divorce decrees, child custody cases, and bankruptcy filings. But when account numbers, personal identifiers, and dates of birth are accessible on the Internet, they could be used to commit financial fraud. The crime of identity theft is at epidemic proportions today, fueled in part by easy access to SSNs.

Family law files typically contain information about children as well as allegations - whether accurate or not -- of wrongdoing and negligence by warring spouses.

When aggrieved insurance holders sue the insurance company over medical payment claims, the details of their medical conditions are likely to become part of the court record and thereby public. It is a common tactic of companies to threaten to bring highly sensitive medical information, as well as other personal matters, into the case in order to discourage the plaintiff from proceeding.

For example, in a prominent case of alleged identity theft negligence, the defendant, a credit bureau, obtained the plaintiff's gynecological records in order to attempt to show that she was mentally unbalanced and that her claims had no merit.

In a dispute with a neighbor, or a business dispute, many allegations can be made that might not be true.

In employment-related matters such as sexual harassment cases, it is common for the defendant to divulge damaging allegations about the plaintiff, such as lifestyle and sexual history.

In criminal cases, the statements of victims and witnesses become part of the public file. These often contain highly sensitive personal information. Witnesses' personal safety can be at risk in some cases if their identities are revealed.
It is important to note that in the majority of situations, providing personal information to government agencies and courts is mandatory. Individuals have no choice in the matter.

Providing access to public records on the Internet alters the balance between access and privacy that has existed in paper and microfiche records. Many commentators have used the term "practical obscurity" to describe the de facto privacy protection accorded court documents stored in back rooms and accessible only by visiting the courthouse and asking a clerk to retrieve them.