.............ALERT #2003-2............
FAIRFAX COUNTY PRIVACY ...................COUNCIL................


ALERT ITEM SUMMARY:
***Organization Building Meeting: 1 July 2003, 7:30 PM, Franconia Government Center***
***Fairfax County Tax Assessment Web Site Problem Update***
***Virginia "Public" Records Problem Update***
***National Issues: HIPAA; BCIS Rules SSN NOT Required to Work in the US
***Commercial Privacy: "Wal-Mart to Require Smart Tags"***
***Privacy Tips***
***Fairfax County Privacy Friendly Merchant: Jiffy Lube @ 6701 Backlick Road, Springfield, VA


Welcome! This message is intended for members of the Fairfax County Privacy Council, and anyone else who might be interested in advancing privacy in
Virginia. Maximum dissemination of this message is encouraged!

Privacy Notice: All communication from the Fairfax Privacy Council is sent using blind carbon copy ("BCC") format for your security and privacy.

1.
Organization Building Meeting Announcement: Please join us on 1 July 2003, 7:30 PM, at the Franconia Government Center to discuss privacy issues that concern you, and take part in a discussion on the charter for the council and committee organization. All attendees will be provided a free hard cover copy of the book Invasion of Privacy: How to Protect Yourself in the Digital Age, by Michael S. Hyatt. Agenda is as follows:
7:30 PM - fellowship period
8:00 PM - privacy issues open discussion
8:30 PM - charter and committee discussion

2. Fairfax County Tax Assessment Web Site Problem Update: As we told you in Alert # 2001-1, inexplicably, the County of Fairfax Tax Assessment Office hosts a web site that allows strangers to search your street address (no town or zip code required) and find out the full legal names of all owners (see http://www.co.fairfax.va.us/dta/re/propadd.asp). This web site is the perfect place for marketers, stalkers, and identity thieves to invade your privacy or even harm your family - sort of a stalker's web site of choice. But thanks to Lee District County Supervisor Dana Kauffman, the county staff is now preparing a report for supervisors on the advisability of continuing this practice, and the following web "Opt Out" policy now appears on the tax assessment web site: "Owner names will be withheld from the Internet record upon request. Comments or requests may be made via e-mail to the Real Estate Division at dtared@fairfaxcounty.gov or by phone at (703) 222-8234."
Take Action! Tell your friends, neighbors, and associates about this web site so they can both opt out and ask their County Supervisor to "remove the name search feature on the county tax assessment site." See: http://www.co.fairfax.va.us/government/board/default.htm
----------------Here's what one Fairfax County Resident had to say to her co-workers by email about the Fairfax County Tax Assessment Web Site:
"If you own property in
Fairfax County, you might want to check out the following web site below. Via this site the county allows anyone worldwide to search street addresses (i.e., 101 Main Street), not even your city/zip code is required, and have revealed to them your property details and full legal names of any registered owners - http://www.co.fairfax.va.us/dta/re/propadd.asp. I was rather surprised to find out some information about my townhouse there! Apparently, the county has not published an OPT OUT policy to this until recently - see the bottom note at http://www.co.fairfax.va.us/dta/re/default.asp -"Owner names will be withheld from the Internet record upon request. Comments or requests may be made via e-mail to the Real Estate Division at dtared@fairfaxcounty.gov or by phone at (703) 222-8234"-) I emailed dtared@fairfaxcounty.gov and asked to "opt out" and they have removed my name from the search engine. You might want to let friends and neighbors know about this too. Other VA counties and incorporated cities may have similar web sites, with, or without an "opt out" capability. Just passing on some information I find interesting and concerning." -FCPC Member

3. Commercial Privacy: "Wal-Mart to Require Smart Tags," The Associated Press, June 13, 2003
"NEW YORK -- Wal-Mart Stores Inc., the world's largest retailer, is requiring all of its top 100 suppliers to have "smart tags" for better
inventory tracking on their pallet shipments by early 2005...."
Take Action: Educate yourself on commercial surveillance realities and dangers at http://www.nocards.org.

3. The Virginia "Public" Records Problem: South America moves to secure personal data in government records while Virginia digitizes their "public" records - which contain your sensitive date: "Data-collection company stops selling information on Mexicans," The Associated Press, June 11, 2003 [Corrected version]
ALPHARETTA, Ga. - Stung by a scandal in Mexico, a top U.S. data-gathering company says it has scrapped its practice of obtaining and selling personal information on Mexican citizens. ChoicePoint Inc. had acquired databases of personal information from a Mexican company, a collection that authorities in that country say included millions of confidential voter records. The Mexican records were among digital dossiers on hundreds of millions of residents of 10 Latin American countries obtained by ChoicePoint, apparently without their consent or knowledge..." See: http://www.tucsoncitizen.com/business/6_11_03spy.html

As we reported in Alert # 2003-1, unfortunately, here in the Commonwealth of Virginia, despite passage in the house of a bill (HB 2426, see http://www.fauquiernews.com/021403issue.htm) that would have stopped the Internet publication of you and your families sensitive personal data (like SSNs, dates of birth, financial account numbers, and minor childrens' names) on the Internet by government sponsored web servers, special interests and the machinations of some state legislators like Fairfax County Delegate Jean Marie Devolites (see www.fauquiernews.com/02103issue.htm) and Fairfax County Senators Jay O'brien and Leslie Byrne killed this bill in the Senate by changing it to merely require that strangers first "register" for Internet access to all your private data held in public records such as land records, marriage records, and various licenses and permits. Delegate Devolites has led a special committee to study the public record problem for over a year - and has yet to issue the report required of the committee by law! Clearly, she is the leader of an effort to stall reform while your sensitive personal data hemorrhages into the public domain. And now, the state plans to actually sell the personal data of citizens who obtain boating, hunting, or fishing licenses! See: http://www.opcva.com/watchdog.

Government should secure citizen data, not sell it! See http://www.opcva.com/watchdog/020303.html to find all the Virginia Delegates who voted against HB2426 this year which, had it passed in original form, would have protected your privacy. The following Delegates voted against HB2426, a law that would have kept your SSN, date of birth, and other sensitive data embedded in "public" records off the Internet:
Del. James F. Almand -
County of Arlington (part) and all their records are online alreadyDel. William K. Barlow - parts of Isle of Wight, James City, Southampton, City of Franklin, Surry and Wm'burg (? Records online already)Del. Robert S. Bloxom - Accomac and Northampton; part of cities of Hampton and Norfolk (? Records online)Del. Robert H. Brink - part of Arlington (records are online)Del. Mary T. Christian - part of Hampton Del. J. Paul Councill, Jr. - Greensville & Sussex; part of Brunswick, Isle of Wight, Lunenburg, Southampton; Cities of Emporia and Franklin (part) (? Records online)Del. Flora D. Crittenden - part of both Hampton and Newport News (? Records online) Del. L. Karen Darner - part of Arlington, Fairfax and City of Alexandria (records online in all 3)Del. Jeannemarie Devolites - part of Fairfax Co. (records are online)Del. Allen W. Dudley - counties of Franklin, Floyd, Pittsylvania (part) (? Records online)Del. Franklin P. Hall - part of Chesterfield and part of Richmond (not yet online)Del. Frank D. Hargrove, Sr.- part of Hanover Co. (not yet online)Del. Joseph P. Johnson Jr. - Bristol City, and parts of Smyth and Washington counties (may be online in all 3)Del. Daniel W. Marshall, III - city of Danville, and parts of Pittsylvania and Henry counties (Danville may be online)Del. Kenneth R. Melvin - parts of Chesapeake, Norfolk and Portsmouth (? online)Del. Henry J. Parrish - part of Prince William (records are online) and cities of Manassas and Manassas Pk.Del. J. Chapman Petersen - Fairfax City and part of Fairfax County (records are online) Del. Clarence E. Phillips - City of Norton, Dickenson, and parts of Russell and Wise counties (people's lives are online in at least Wise/City of Norton) Del. Kenneth R. Plum - part of Fairfax Co. (records are online)Del. Gary Alan Reese - part of both Loudoun and Fairfax (records online in Fairfax)Del. Tom Rust - part of both Fairfax and Loudoun (Fairfax online)Del. James M. Shuler - Alleghany, Bath, Craig, Giles (part) and cities of Clifton Forge and Covington (? online)Del. Lionell Spruill, Sr. - parts of cities of Chesapeake and Suffolk (? online)Del. Jackie T. Stump - Buchanan; part of Russell and Tazewell (? online)Del. Marian Van Landingham - Alexandria City (part), Arlington (part), Fairfax (part) all have records onlineDel. Mitchell Van Yahres - Albemarle (part), City of Charlottesville (? online)Del. Vivian E. Watts - Fairfax (part) - (records are online)Del. Clifton A. Woodrum - City of Roanoke, County of Roanoke (part) (? online)Del. Thomas C. Wright, Jr.- Amelia, Mecklenburg; parts of Brunswick, Lunenburg, and Nottaway (? online)
Take Action: Let your local candidates for General Assembly Delegate and Senator know that you want the sensitive personal data held in "public records" not just taken off the Internet, but declared NON-PUBLIC! Most of these folks above are running for election again and may intend to keep the government in the business of selling your sensitive data to everyone - marketers and foreign nationals and governments included. See http://legis.state.va.us for legislator contact info.

4. HIPAA: As we told you in Alert # 2003-1, certain federal privacy regulations issued pursuant to HIPAA (the Health Insurance Portability and Accountability Act) took effect in April causing the popular press to report a "massive" increase in medical privacy. Not true says many experts who maintain that HIPAA puts us all at risk by requiring the digitization of medical records correlated to a unique national medical ID number to which you and your kids will be tracked by private companies and government agencies without your permission.
Take Action: Educate yourself on medical privacy viewpoints at http://www.sfweekly.com/issues/2003-05-28/feature.html/1/index.html ("Big Doctor Is Watching: As of April 14, the national security police can monitor your medical records without your knowledge; So can the local police, San Francisco Weekly, by Peter Byrne.)

5. BCIS Rules SSN NOT Required to Work in the US: The Bureau of Customs and Immigration Services ("BCIS"), a new agency within the Department of Homeland Security that merged the INS with the US Customs Service, has notified the Fairfax County Public Schools ("FCPS") that employee disclosure of Social Security Numbers ("SSNs"), if any, is not required on INS Form I-9, unless an employee chooses to certify her lawful eligibility to work in the US using a Social Security Card. In a letter to the BCIS, FCPS Superintendent Dr. Daniel A. Domenech acknowledges this BCIS clarification to FCPS. Dr. Domenech also goes on to give the BCIS an "earful" of criticism for issuing confusing instructions on the INS Form I-9 that leads employers to believe that an SSN is required to work in the
US. Dr. Domenech is right - federal and state agencies should develop clear forms that fully comply with applicable state and federal law regarding SSNs. Over the years, lack of oversight on government forms generally has fomented the myth that an SSN is required to live or work in the US. The Fairfax County Privacy Council is watching these federal and state forms closely - we are going to take action. As the Social Security Administration has repeatedly told anyone who asks, "SSNs are not required to live or work in the United States."

6. Privacy Tips Every Citizen Should Know and Teach Her Kids:

Vehicle Information Privacy: Your car is one of your most useful, and perhaps expensive assets you own - protect it. Never disclose your Vehicle Identification Number ("VIN") or license plate number unless absolutely necessary, such as to your insurance company. While you can't easily conceal your license plate in public, you can protect the confidentiality of your dashboard VIN by covering it with a small piece of black electricians tape (but never remove or deface a VIN - this is unlawful in many or most jurisdictions). Be conservative about giving too much information to car maintenance vendors - entering your license plate, VIN, name, address, and phone number in their computers is just asking for trouble.

7. Fairfax County Privacy Friendly Merchant:
Jiffy Lube @ 6701 Backlick Road in Springfield has agreed to service cars without disclosure of a name, address, or phone number. Manager Glenn Illig told the Privacy Council that he will allow customers to opt out of this as long as they provide accurate car specifications so that the maintenance can be performed to standard. Presumably, they will still enter the license number of your car as an administrative tracking number for future visits and free fluid "top offs." Mention Mr. Illig's name regarding this opt out when you pull up for service so that the employee is not confused on the issue - Thanks Mr. Illig! Take Action: Refuse to do business with privacy unfriendly merchants and tell them why...and tell the Privacy Council too so we can set them straight!
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Questions, or to be added/deleted from future Alerts? Contact Mike Stollenwerk at majstoll@aol.com.

Sincerely,
Mike Stollenwerk
Chairman
Fairfax County
Privacy Council
Kingstowne, VA