Privacy vs. Public's Right to Know

We are at a critical juncture where citizens concerned about their privacy want to limit access to public records while others want to use the power of the Internet to protect themselves from unscrupulous or irreputable persons before doing business with them.

There is a chance these divergent interest will intersect but it will take time.

Identity theft is a problem and has been for some time. Privacy advocates believe limiting access to public records will reduce identity theft. Open record supporters argue it is access to public records which affords us greater protection.

In our society, the public's right to know is paramount. We should have the right to know who is living next door, who we are marrying and who we are doing business with. The review of public records is a good means to determine another party's credibility and veracity.

Does a person's right to know outweigh the privacy of the individual? The scales should lean heavily on a person's right to know. It is imperative people have quick, ready access to as many public records as are available with all its blemishes.

A few days ago in Houston, a bigomist by the name of Eric Cooper copped a plea for a 15 year prison sentence for forging a car title. The writing was on the wall for Mr. Cooper when his 7th wife testified of fraud and theft committed against her and her family. Mr. Cooper accepted a plea bargain before the judge had a chance to sentence him. Although this is an extreme case, Mr. Cooper was revealed through a search of online public records.

As business owners or creditors, when we provide products or services to companies and/or individuals we want to know who we are doing business with.

Just a few things we may want to know about the other party:

• Have they sued others?
• Have they ever been sued?
• Do they have any State Tax liens?
• Do they have any Internal Revenue liens?
• Do they have Abstracts of Judgment filed against them?

Let's assume the party you're doing business with has an IRS lien filed against them. If the Social Security Number is "redacted" i. e. removed by a County Clerk for privacy reasons, then how will you verify the information? If you ask the other party you may get an answer like, "Not me, must be another John Smith."

As any creditor can tell you, it's very difficult to recover your money or products after they've been delivered.

Critical business decisions are made every day and they can not wait for someone to drive to the courthouse to view the "unredacted" records. Free and unfettered access to public records, when readily available, is in the best interest of businesses and the free flow of commerce.

Identity theft is a reality and it should be prosecuted vigilantly. Persons should take common sense steps to protect their identity. See "Steps to Protect Against Identity Theft."

The genie is out of the bottle. Technology is driving the information revolution and liberal access to public records gives us greater protections from those who would perpetuate fraud and deceptions.

If you're a victim of identity theft then the culprits should be prosecuted to the full extent of the law. But, if you are a creditor who saved yourself several thousand dollars and years of attorney's fees and lawsuits by prequalifying the other party then your inspection of the public records and due diligence will have paid off.

Future post:

• Who owns Public Records - The Public, Right?
• The Privatization of the Public Records
• How to Use Public Records Effectively