More on Removing Identifiers from Public Records
Jason Morris points out on his blog that more identifiers on case records protects consumers from being accused of crimes they may not have committed. He’s right. It’s absolutely essential to the background screening industry to be able to accurately determine who courts records belong to. I wrote about this before, but I think it’s worth bringing up again.
This is, however, a two-edged sword. Maintaining personal data in the court files helps reduce the risk of accusing innocent people of crimes they didn’t commit, but it also follows that since court records are accessible to the public there is still the risk of identity theft. Anyone is able to go into a courthouse and search the court records, which typically contain names and dates of birth, and occasionally Social Security Numbers of people who have been charged with a crime.
What’s best for the consumer? Should they be protected against false accusation when applying for a job or anything else that requires a credit check, or protection from identity theft via personal information on court records? Maybe court records should no longer be public access. Maybe the Federal government should step in and regulate the access to court records across the country so that only qualified and approved companies and organizations can access them. I don’t know what’s best, but we currently have a lose-lose situation.
This is, however, a two-edged sword. Maintaining personal data in the court files helps reduce the risk of accusing innocent people of crimes they didn’t commit, but it also follows that since court records are accessible to the public there is still the risk of identity theft. Anyone is able to go into a courthouse and search the court records, which typically contain names and dates of birth, and occasionally Social Security Numbers of people who have been charged with a crime.
What’s best for the consumer? Should they be protected against false accusation when applying for a job or anything else that requires a credit check, or protection from identity theft via personal information on court records? Maybe court records should no longer be public access. Maybe the Federal government should step in and regulate the access to court records across the country so that only qualified and approved companies and organizations can access them. I don’t know what’s best, but we currently have a lose-lose situation.

7 Comments:
At 8:40 AM,
Adam Shostack said…
How about include photos in the record, and require that anyone copying the records include the photograph?
At 1:33 PM,
Geoff said…
That's not a bad idea moving forward, but what about the records that are already there? Photographs aren't available for most records currently available. The issue already exists that different courts have different standards for maintaining identifiers. Some courts have name, date of birth, Social Security Number, and a complete physical description on file. Other courts, and this is a big chunk of them, only have name and date of birth in the court files. A solution is needed that takes into account the current status of the court reporting systems as well as the fact that some courts have archived their files electronically and many others are still using an antique paper system. The courts need to be made to agree - either by federal law or by standardized pressure from the private sector.
At 10:03 AM,
Adam Shostack said…
Really? I thought most people convicted of crimes went through a police booking process, where they're fingerprinted and photographed, and thus have a mug shot?
Are there other routes through the system for those convicted of crimes?
At 12:22 PM,
Geoff said…
In all honesty I don't know many of the details of the booking process, but like you I imagine that it's fairly similar no matter where in the country the arrest takes place. I do know that there are situations where a summons is issued by mail instead of an arrest being made, and in those cases there may not be a standard booking process.
Regardless, what I do know is that I've seen enough court files and dockets to know that that the types of identifiers available vary widely. Even though there were no doubt mug shots taken, at least for higher profile cases, I've seen very few of them in the public records.
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