PRESS RELEASE
From the Office of State Senator Jeff Wentworth

For Immediate Release
February 9, 2001
Contact: Margaret Rambie - (210) 826-7800

Legislators must balance right to privacy with right to know

As the state increases its collection and use of personal data on the Internet, the Texas Legislature has a critical role in protecting your privacy while safeguarding Freedom of Information rights that are unique to the public sector.

Your concern about privacy issues was reflected in your response to the questionnaire in my Senate District 25 newsletter. More than 16,000 of the 18,307 respondents indicated they favor restricting access to personal information obtained from government records on the Internet.

Although Texas does not have a privacy act, Texas' Public Information Act prohibits release of information made confidential by law. More than 500 state statutes require government entities to keep certain information confidential, including your social security number which federal law requires for professional, occupational, marriage and driver's license applications.

Many of you have expressed concern about social security numbers being added to driver's licenses to assist states in the collection of child support payments. If Texas had not complied with the federal mandate, it would have lost all federal funding for child support enforcement programs and jeopardized funds for the Temporary Assistance to Needy Families program.

Although the Texas Department of Public Safety (DPS) may release other driver's license information, social security numbers may be released only to the Attorney General's office for the purpose of collecting child support.

When renewing or applying for a driver's license, you may indicate that you do not want any personal information released. You may also "opt out" by writing to DPS Driver Records Bureau, Box 4087, Austin, TX 78733-0360 or by submitting a form found on the Internet at www.txdps.state.tx.us.

Other personal information such as professional licenses, deeds of record, marriage licenses and divorce decrees are available to the public. Information such as this allows you to find out if a plumber is licensed, trace the ownership of a house you want to buy, discover the marital history of an intended spouse or help law officers locate your stolen vehicle.

Legislators have filed bills to strengthen existing privacy laws and to create new ones. House Bill 308 by Representative Suzanna Hupp, R-Lampasas, would require DPS to notify individuals when driver's license information is sold to any organization, including automobile manufacturers using it to notify car owners of recalls. Representative Hupp also is proposing a constitutional amendment that would guarantee that individuals' right to privacy may not be infringed without a compelling state interest.

House Bill 799 by Representative Pete Gallego, D-Alpine, would limit the information that may be released by any state agency to name, address and date of birth.

Senate Bill 11 by Senator Jane Nelson, R- Flower Mound, would protect the privacy of medical records. The bill provides civil penalties for violators.

You may follow these and other bills by logging onto www.capitol.state.tx.us or by calling toll free (877) 824-7038.

During the 77th Legislative Session, I will decide to support or oppose these bills based on your privacy concerns and the right to access information that is crucial to the function of government.

I plan to examine each bill to ensure that it protects your privacy but does not provide a safe hiding place for those who would misuse the law.

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