PRIVACYPRIVACYandand

PUBLIC POLICYPUBLIC POLICY

CPCU SOCIETYCPCU SOCIETY NEW JERSEY CHAPTERNEW JERSEY CHAPTER

MAY 14, 2003MAY 14, 2003

Presented Presented by:by:

Gary TrobeGary Trobe

EXPECTATION OF EXPECTATION OF PRIVACYPRIVACY

WHO IS ENTITLED TO PRIVACY ?WHO IS ENTITLED TO PRIVACY ?

GENERAL PUBLICGENERAL PUBLIC CLAIMANTCLAIMANT PLAINTIFFPLAINTIFF INSUREDINSURED EMPLOYEEEMPLOYEE THE WITNESSTHE WITNESS THE PERPETRATORTHE PERPETRATOR THE VICITIMTHE VICITIM

MEETING THE MEETING THE REQUIREMENTS REQUIREMENTS

IS THE AREA OBSERVABLE TO THE IS THE AREA OBSERVABLE TO THE GENERAL PUBLIC?GENERAL PUBLIC?

ARE THE RECORDS WITHIN THE ARE THE RECORDS WITHIN THE PUBLIC DOMAIN?PUBLIC DOMAIN?

IS THERE AN AUTHORIZATION IS THERE AN AUTHORIZATION REQUIRED?REQUIRED?

CAN THE RECORDS BE CAN THE RECORDS BE SUBPOENAED?SUBPOENAED?

INFORMATION SOURCES INFORMATION SOURCES WITHIN THE PUBLIC WITHIN THE PUBLIC

DOMAINDOMAIN DMV RECORDSDMV RECORDS

CIVIL COURT RECORDSCIVIL COURT RECORDS

CRIMINAL COURT RECORDSCRIMINAL COURT RECORDS

PUBLIC FILINGSPUBLIC FILINGS

UCC FILINGSUCC FILINGS JUDGEMENTSJUDGEMENTS BANKRUPTCYBANKRUPTCY MORTGAGESMORTGAGES LIENSLIENS CORPORATION FILINGSCORPORATION FILINGS SEC FILINGSSEC FILINGS LICENSINGLICENSING REAL ESTATE TRANSACTIONSREAL ESTATE TRANSACTIONS

OTHER SOURCES OF OTHER SOURCES OF INFORMATIONINFORMATION

CREDIT HEADER REPORTSCREDIT HEADER REPORTS CREDIT APPLICATIONSCREDIT APPLICATIONS TELEPHONE RECORDSTELEPHONE RECORDS MEMBERSHIP APPLICATIONSMEMBERSHIP APPLICATIONS CONTEST APPLICATIONSCONTEST APPLICATIONS SURVEYSSURVEYS TELEMARKETING SOURCESTELEMARKETING SOURCES CHARITY SOURCESCHARITY SOURCES

PERMISSABLE PERMISSABLE INVESTIGATIVE PURPOSESINVESTIGATIVE PURPOSES OFFICIAL GOVERNMENT DUTIES OR OBLIGATIONS – BY OFFICIAL GOVERNMENT DUTIES OR OBLIGATIONS – BY

GOVERNMENTAL AUTHORITYGOVERNMENTAL AUTHORITY

LAW ENFORCEMENT DUTIESLAW ENFORCEMENT DUTIES

BY FINANCIAL INSTITUTIONS TO INVESTIGATE MISCONDUCT OR BY FINANCIAL INSTITUTIONS TO INVESTIGATE MISCONDUCT OR FRAUDFRAUD

BY INSURANCE INSTITUTIONS TO INVESTIGATE CRIMINAL ACTIVITY, BY INSURANCE INSTITUTIONS TO INVESTIGATE CRIMINAL ACTIVITY, FRAUD, OR “OTHER INVESTIGATIONS” AUTHORIZED BY LAW ETC. AS FRAUD, OR “OTHER INVESTIGATIONS” AUTHORIZED BY LAW ETC. AS PART OF THE RISK MANAGEMENT PROCESS.PART OF THE RISK MANAGEMENT PROCESS.

FOR CONSUMER INSURANCE TO MAINTAIN ACCOUNTS, PREVENT FOR CONSUMER INSURANCE TO MAINTAIN ACCOUNTS, PREVENT FRAUD, REPORTING OR INVESTIGATING FRAUD, OR MATERIAL FRAUD, REPORTING OR INVESTIGATING FRAUD, OR MATERIAL MISREPRESENTATION.MISREPRESENTATION.

TO COLLECT CHILD SUPPORTTO COLLECT CHILD SUPPORT

DEBT OR JUDGEMENT COLLECTIONDEBT OR JUDGEMENT COLLECTION

FOR USE TO PROTECT OR PREVENT ACTUAL OR POTENTIAL FRAUDFOR USE TO PROTECT OR PREVENT ACTUAL OR POTENTIAL FRAUD

PERMISSABLE USESPERMISSABLE USES FOR USE IN RESOLVING CUSTOMER DISPUTESFOR USE IN RESOLVING CUSTOMER DISPUTES

FOR USE BY PERSONS ETC. IN HOLDING A BENEFICIAL INTEREST OF THE FOR USE BY PERSONS ETC. IN HOLDING A BENEFICIAL INTEREST OF THE CONSUMERCONSUMER

FOR USE IN REQUIRED RISK CONTROL PROGRAMSFOR USE IN REQUIRED RISK CONTROL PROGRAMS

WHEN ACTING WITH THE CONSUMERS CONSENT IN A FIDUCIARY OR WHEN ACTING WITH THE CONSUMERS CONSENT IN A FIDUCIARY OR REPRESENTATIVE CAPACITYREPRESENTATIVE CAPACITY

WHEN COMPLYING WITH FEDERAL, STATE OR LOCAL REQUIREMENTSWHEN COMPLYING WITH FEDERAL, STATE OR LOCAL REQUIREMENTS

WHEN COMPLYING WITH A PROPERLY AUTHORIZED CIVIL, CRIMINAL OR WHEN COMPLYING WITH A PROPERLY AUTHORIZED CIVIL, CRIMINAL OR REGULATORY INVESTIGATION, SUBPOENA OR SUMMONS ISSUED BY ANY REGULATORY INVESTIGATION, SUBPOENA OR SUMMONS ISSUED BY ANY FEDERAL, STATE OR LOCAL AUTHORITYFEDERAL, STATE OR LOCAL AUTHORITY

FOR ANY PERMISSABLE PURPOSE NOT RESTRICTED BY LAW AND CAN BE FOR ANY PERMISSABLE PURPOSE NOT RESTRICTED BY LAW AND CAN BE REASONABLY EXPECTED TO BE THE PART OF THE NORMAL COURSE AND REASONABLY EXPECTED TO BE THE PART OF THE NORMAL COURSE AND SCOPE OF BUSINESS OR PROFESSION, AND FOR USE OF ANY NON-BUSINESS SCOPE OF BUSINESS OR PROFESSION, AND FOR USE OF ANY NON-BUSINESS CLIENT.CLIENT.

DOCUMENTS OR DOCUMENTS OR INFORMATION THAT IS INFORMATION THAT IS NO LONGER AVAILABLENO LONGER AVAILABLE

FORWARDING ADDRESSFORWARDING ADDRESS DATES OF BIRTHDATES OF BIRTH RAP SHEETSRAP SHEETS UNLISTED/UNREPORTED PHONE UNLISTED/UNREPORTED PHONE

NUMBERSNUMBERS SOCIAL SECURITY NUMBERSSOCIAL SECURITY NUMBERS BANK ACCOUNTS (W/O JUDGEMENT)BANK ACCOUNTS (W/O JUDGEMENT) HEALTH SERVICES/PROVIDER HEALTH SERVICES/PROVIDER

INFORMATIONINFORMATION CREDIT HISTORYCREDIT HISTORY

WHY IS THIS WHY IS THIS INFORMATION INFORMATION

RESTRICTION A PROBLEMRESTRICTION A PROBLEM THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING AN THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING AN

INVESTIGATIONINVESTIGATION

THERE ISSUES OF PRIVACY WHEN OBTAINING BACKGROUND THERE ISSUES OF PRIVACY WHEN OBTAINING BACKGROUND ON AN INDIVIDUAL CLAIMANT OR APPLICANT OR WITNESSON AN INDIVIDUAL CLAIMANT OR APPLICANT OR WITNESS

UNABLE TO FULLY INVESTIGATE A CLAIMUNABLE TO FULLY INVESTIGATE A CLAIM

UNABLE TO FULLY INVESTIGATE AN APPLICATION FOR UNABLE TO FULLY INVESTIGATE AN APPLICATION FOR INSURANCEINSURANCE

UNABLE TO “QUIETLY” INVESTIGATE AN EMPLOYEE WHEN UNABLE TO “QUIETLY” INVESTIGATE AN EMPLOYEE WHEN AN ALLEGATION OF FRAUD OR MISCONDUCT IS SUSPECTEDAN ALLEGATION OF FRAUD OR MISCONDUCT IS SUSPECTED

THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING A THERE ARE ISSUES OF PRIVACY WHEN CONDUCTING A SURVEILLANCESURVEILLANCE

THE INVESTIGATOR AND THE INVESTIGATOR AND SURVEILLANCESURVEILLANCE

WHY IS THE SURVEILLANCE BEING WHY IS THE SURVEILLANCE BEING DONE?DONE?

IDENTIFY EXACTLY WHO THE IDENTIFY EXACTLY WHO THE SUBJECT ISSUBJECT IS

IS THE AREA WHERE THE IS THE AREA WHERE THE INVESTIGATION WILL TAKE PLACE INVESTIGATION WILL TAKE PLACE IN AN OPEN AND PUBLIC SPACE ?.IN AN OPEN AND PUBLIC SPACE ?.

WILL YOU VIOLATE STALKING WILL YOU VIOLATE STALKING LAWS?LAWS?

THE PRETEXTTHE PRETEXT

GLB AND THE FTC FINDS THAT PRETEXTING, OR GLB AND THE FTC FINDS THAT PRETEXTING, OR THE ACT OF OBTAINING FINANCIAL THE ACT OF OBTAINING FINANCIAL INFORMATION UNDER FALSE PRETENSE IS INFORMATION UNDER FALSE PRETENSE IS ILLEGAL. ILLEGAL.

MISREPRESENTING YOUR IDENTITYMISREPRESENTING YOUR IDENTITY

USING OTHERS TO OBTAIN INFORMATIONUSING OTHERS TO OBTAIN INFORMATION

MAKING FALSE OR MISLEADING REPRESENTATIONSMAKING FALSE OR MISLEADING REPRESENTATIONS

SELLING, DISCLOSING OR ACTING UPON THE SELLING, DISCLOSING OR ACTING UPON THE OBTAINED INFORMATION OBTAINED INFORMATION

THE FTC OPINIONSTHE FTC OPINIONSON PRETEXTINGON PRETEXTING

IDENTIFIED INFORMATION BROKERS IDENTIFIED INFORMATION BROKERS AND INVESTIGATORSAND INVESTIGATORS

ALLEGEDLY IDENTIFYING ALLEGEDLY IDENTIFYING INFORMATION NOT READILY INFORMATION NOT READILY AVAILABLE IN THE PUBLIC DOMAINAVAILABLE IN THE PUBLIC DOMAIN BANK ACCOUNTSBANK ACCOUNTS CREDIT CARDSCREDIT CARDS STOCKSSTOCKS BONDSBONDS SAFE DEPOSIT BOXESSAFE DEPOSIT BOXES MUTUAL FUNDSMUTUAL FUNDS

WHEN IS PRETEXTING WHEN IS PRETEXTING ALLOWABLEALLOWABLE

WHEN NO FINANCIAL OR PRIVATE INFORMATION IS WHEN NO FINANCIAL OR PRIVATE INFORMATION IS COLLECTED OR REPORTEDCOLLECTED OR REPORTED

INTENTION IS TO LOCATEINTENTION IS TO LOCATE

INTENTION IS TO IDENTIFYINTENTION IS TO IDENTIFY

SOME EXAMPLES OF A PERMISSABLE PRETEXT:SOME EXAMPLES OF A PERMISSABLE PRETEXT:

TO IDENTIFY AN IDIVIDUAL THAT IS THE SUBJECT OF AN TO IDENTIFY AN IDIVIDUAL THAT IS THE SUBJECT OF AN INVESTIGATIONINVESTIGATION

TO LOCATE AN INDIVIDUAL THAT IS THE SUBJECT OF AN TO LOCATE AN INDIVIDUAL THAT IS THE SUBJECT OF AN INVESTIGATION OR CLAIMINVESTIGATION OR CLAIM

TO INVESTIGATE WHEN COLLECTING A JUDGMENT, OR CLAIMTO INVESTIGATE WHEN COLLECTING A JUDGMENT, OR CLAIM

MOTOR VEHICLE MOTOR VEHICLE RECORDSRECORDS

DRIVING RECORDSDRIVING RECORDS VEHICLE REGISTRATIONSVEHICLE REGISTRATIONS VEHICLE TITLESVEHICLE TITLES BOAT REGISTRATIONSBOAT REGISTRATIONS MEDICAL EXAMINATIONSMEDICAL EXAMINATIONS DMV HEARINGSDMV HEARINGS ADJUDICATIONSADJUDICATIONS ACCIDENT REPORTSACCIDENT REPORTS

AVAILABILTY OF DMV AVAILABILTY OF DMV RECORDSRECORDS

DIRECT SELL ON LINE SERVICES - NYDIRECT SELL ON LINE SERVICES - NY

INFORMATION BROKERS AND SEARCH COMPANIESINFORMATION BROKERS AND SEARCH COMPANIES

ON LINE SERVICE PROVIDERS – USUALLY REPORTED AS ON LINE SERVICE PROVIDERS – USUALLY REPORTED AS PART OF A CREDIT HEADERPART OF A CREDIT HEADER

BY SUBPOENA OR COURT ORDERBY SUBPOENA OR COURT ORDER

DIRECT REQUEST FOR PERMISSABLE USEDIRECT REQUEST FOR PERMISSABLE USE

ACCIDENT OR CLAIM INVESTIGATIONACCIDENT OR CLAIM INVESTIGATION

PRE-EMPLOYMENTPRE-EMPLOYMENT

INSURANCE APPLICATIONINSURANCE APPLICATION

CRIMINAL RECORD CRIMINAL RECORD SOURCES AND ISSUESSOURCES AND ISSUES

BUREAU OF PRISON/CORRECTIONSBUREAU OF PRISON/CORRECTIONS SEX ABUSE ON LINE DATA BASESEX ABUSE ON LINE DATA BASE BY SUBPOENA OR COURT ORDERBY SUBPOENA OR COURT ORDER IN SOME STATES BY AUTHORIZATION IN SOME STATES BY AUTHORIZATION

ONLYONLY CRIMINAL COURT FILES CRIMINAL COURT FILES

MAY REQUIRE AUTHORIZATIONMAY REQUIRE AUTHORIZATION MAY REQUIRE LICENSINGMAY REQUIRE LICENSING MAY REQUIRE HAND SEARCHMAY REQUIRE HAND SEARCH NOT AVAILABLE ON LINENOT AVAILABLE ON LINE MAY REQUIRE A FORMMAY REQUIRE A FORM

WORK HISTORY ISSUESWORK HISTORY ISSUES

NO PUBLIC DATABASENO PUBLIC DATABASE CIB MAY PRODUCE WORKERS CIB MAY PRODUCE WORKERS

COMPENSATION CLAIM HISTORYCOMPENSATION CLAIM HISTORY ISSUE CONCERNING PRETEXTINGISSUE CONCERNING PRETEXTING FINANCIAL APPLICATIONSFINANCIAL APPLICATIONS

INSURANCEINSURANCE CREDITCREDIT LOANSLOANS

MEDICAL HISTORY MEDICAL HISTORY RECORDSRECORDS

HIPAA AUTHORIZATION REQUIREDHIPAA AUTHORIZATION REQUIRED

LIMITED TO TREATMENT DATES OR SERVICES PROVIDEDLIMITED TO TREATMENT DATES OR SERVICES PROVIDED

RECORDS MAINTAINED BY AN EMPLOYER OR CARRIERRECORDS MAINTAINED BY AN EMPLOYER OR CARRIER WORKERS COMP RECORDSWORKERS COMP RECORDS PRE EMPLOYMENT SCREENINGPRE EMPLOYMENT SCREENING NO FAULT\PIPNO FAULT\PIP

UNABLE TO PRETEXT FOR BILLING OR TREATMENTUNABLE TO PRETEXT FOR BILLING OR TREATMENT

ALTHOUGH LAW ENFORCEMENT PURPOSES EXCLUDEDALTHOUGH LAW ENFORCEMENT PURPOSES EXCLUDED

MEDICAL RECORDSMEDICAL RECORDS SUBPOENA SERVICESUBPOENA SERVICE

ISSUES NEW YORKISSUES NEW YORK SO-ORDEREDSO-ORDERED NOTIFICATION TO PATIENTNOTIFICATION TO PATIENT

ISSUES NEW JERSEYISSUES NEW JERSEY DOCTORS AND THE STATE MEDICAL DOCTORS AND THE STATE MEDICAL

EXAMINERS BOARDEXAMINERS BOARD HOSPITAL REQUIREMENTSHOSPITAL REQUIREMENTS

AVAILABILTY OF RECORDS AT COURTAVAILABILTY OF RECORDS AT COURT

PERSONAL DATA PERSONAL DATA AVAILABLE TO THE AVAILABLE TO THE

INVESTIGATORINVESTIGATOR FAMILY MEMBERS WITHIN SAME GEOGRAPHIC AREA OR FAMILY MEMBERS WITHIN SAME GEOGRAPHIC AREA OR

HOUSEHOLDHOUSEHOLD NEIGHBORSNEIGHBORS REPORTED ADDRESS HISTORYREPORTED ADDRESS HISTORY REPORT TELEPHONE NUMBERSREPORT TELEPHONE NUMBERS BUSINESS FILINGSBUSINESS FILINGS

CORPORATIONSCORPORATIONS DBADBA PC OR PAPC OR PA LLC, LLPLLC, LLP LICENSESLICENSES

UCC FILINGSUCC FILINGS PROPERTY OWNERSHIPPROPERTY OWNERSHIP PUBLIC FINANCIAL REPORTINGPUBLIC FINANCIAL REPORTING DEATH RECORDSDEATH RECORDS CIVIL RECORDSCIVIL RECORDS CRIMINAL RECORDSCRIMINAL RECORDS FAA RECORDSFAA RECORDS WATERCRAFT RECORDSWATERCRAFT RECORDS

AVAILABLE AND AVAILABLE AND REPORTABLE PERSONAL REPORTABLE PERSONAL

INFORMATIONINFORMATIONAS A RESULT OF THE VARIOUS SEARCHES THE AS A RESULT OF THE VARIOUS SEARCHES THE

FOLLOWING PREVIOUSLY UNIDENTFIED PERSONAL FOLLOWING PREVIOUSLY UNIDENTFIED PERSONAL INFORMATION MAY BECOME AVAILABLE:INFORMATION MAY BECOME AVAILABLE:

DATE OF BIRTHDATE OF BIRTH

SOCIAL SECURITY NUMBERSOCIAL SECURITY NUMBER VEHICLE OWNERSHIPVEHICLE OWNERSHIP DMV HISTORYDMV HISTORY

NAMES AND ASSOCIATED NAMESNAMES AND ASSOCIATED NAMES ALIASALIAS WIFE’S NAMEWIFE’S NAME FAMILY MEMBERSFAMILY MEMBERS

INFORMATION INFORMATION SOURCESSOURCES

INFORMATION BROKER INFORMATION BROKER DATABASES AND SEARCHERSDATABASES AND SEARCHERS

CHOICE POINTCHOICE POINT ISOISO DATACASEDATACASE IRBIRB INFOAMERICAINFOAMERICA

INFORMATION INFORMATION SOURCESSOURCES

FEDERAL, STATE AND LOCAL AGENCY FEDERAL, STATE AND LOCAL AGENCY DATABASESDATABASES

CORRECTIONS CONNECTIONCORRECTIONS CONNECTION DEPARTMENT OF BUILDINGSDEPARTMENT OF BUILDINGS CORPORATION AND LICENSING FILINGCORPORATION AND LICENSING FILING DMVDMV PROFESSIONAL LICENSINGPROFESSIONAL LICENSING REAL PROPERTY OWNERSHIPREAL PROPERTY OWNERSHIP UCC, BANKRUPTCY, LIEN, JUDGEMENTUCC, BANKRUPTCY, LIEN, JUDGEMENT SOCIAL SECURITY DEATH INDEXSOCIAL SECURITY DEATH INDEX CIVIL COURT DOCKETSCIVIL COURT DOCKETS

INFORMATION INFORMATION SOURCESSOURCES

INTERNET SEARCH INFORMATIONINTERNET SEARCH INFORMATION SOCIETYS AND ORGANIZATIONSSOCIETYS AND ORGANIZATIONS GOVERNMENT WEB SITESGOVERNMENT WEB SITES TRADE PAPERSTRADE PAPERS NEWSPAPERS, PERIODICALS, JOURNALSNEWSPAPERS, PERIODICALS, JOURNALS BUSINESS AND PERSONAL WEB SITES AND BUSINESS AND PERSONAL WEB SITES AND

BULLETIN BOARDSBULLETIN BOARDS SEARCH ENGINESSEARCH ENGINES

GOOGLEGOOGLE LYCOSLYCOS DOGPILEDOGPILE MSNMSN

INFORMATION INFORMATION SOURCESSOURCES

GUM SHOE ACTIVITYGUM SHOE ACTIVITY CIVIL COURT FILESCIVIL COURT FILES CRIMINAL COURT FILESCRIMINAL COURT FILES NEWSPAPERSNEWSPAPERS BUILDING RECORDSBUILDING RECORDS BUSINESS FILINGSBUSINESS FILINGS NEIGHBORS, FRIENDS, RELATIVESNEIGHBORS, FRIENDS, RELATIVES GOVERNMENTAL REPORTSGOVERNMENTAL REPORTS GOVERNMENTAL FILESGOVERNMENTAL FILES