Online Public Records Debate Heats up in Texas

Jarrod A. Clabaugh, Source of Title
3/9/2006
Page one of three - reprinted with permission

With the Federal Bureau of Investigation touting the incidence of identity theft as one of the fastest growing problems plaguing Americans citizens, the inclusion of sensitive information in online documents is being questioned by many federal, state and county officials. Most people are unaware of what information lies in the public record and even more are unaware of how simply that information can be accessed via the Internet.

Fort Bend County, Texas recently became the focus of debate after it was revealed by concerned citizens that sensitive information belonging to the public had been placed online by Dianne Wilson, the Fort Bend County Recorder. Some citizens claim that Wilson decided to place the records online without seeking any guidance from others within her county government. Because Internet access cannot be carefully monitored, many privacy advocates and public officials believe that the information contained in public records needs to be more closely guarded with some suggesting information should be redacted before records are placed online.

In developing this article, Source of Title interviewed two Fort Bend-area citizens about the problem of placing the county’s records online. One of the concerned citizens, D. Anne Criswell recently ran in the election for county recorder and lost to Wilson. The other citizen, W.A. “Andy” Meyers, is the commissioner of Precinct 3 in Fort Bend County.

David Bloys, a former private investigator and a privacy rights advocate, contacted Source of Title about the growing problem of online availability of sensitive information. Bloys indicated that Fort Bend County’s records had recently been sold in bulk to an imaging company for a minimal price. He also claimed that the county’s documents had been shredded and destroyed after they had been imaged for the county’s Website. When Source of Title spoke with Wilson, she confirmed that her county’s records had been imaged and the paper copies had been destroyed in order to minimize the county’s storage needs. She also confirmed that she had sold the imaged information to companies and that she is restricted under Texas law from inquiring why individuals wish to purchase the information.

“Under Texas law, I have to sell this information,” said Wilson. “If it is a public document, I must allow the public to view, copy and purchase (these records). Public means any person and doesn’t identify anything about this person. Public means anyone anywhere.”

According to Wilson, her county’s imaging of the public record began approximately 10 years ago. Wilson, who has served as the county’s recorder for the past 24 years, noted that during this time more than 15 to 20 million documents have been imaged and have been placed online for others to peruse.

The public records of this county and most other counties throughout the U.S. contain pieces of information that some consider sensitive, including Social Security numbers, bank routing numbers, medical information, and driver’s license numbers. Although government agencies warn individuals to guard these numbers from others, counties often choose to avoid this warning and place the information online. According to both Meyers and Criswell, the public’s right to safeguarding itself from identity thieves and possible HIPPA (Health Insurance Portability and Accountability Act) violations were never considered by Wilson when she placed the images on her county’s Website and when she sold the information to entities in a bulk format.

Wilson expressed that her decision to place the records online cements her belief that open access to the public record should be provided in an online forum. By placing the records online, Wilson noted that she saved the county money, reduced the size of her staff and met the demands that technology placed upon her office.

When questioned about what information is contained in the public record, she noted that sensitive information is indeed held in the public record, but that the responsibility in what is filed belongs with the individual who files the document and not the county that simply records it.

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