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FCPC ALERT #2007-1: Legislature inundated with bills dealing with privacy!
www.FairfaxCountyPrivacyCouncil.org
Originally Published on 19 January 2007
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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.

ALERT ITEM SUMMARY:
1. 2007 VA General Assembly considering record number of privacy bills!
2. Help Delegate Sickles close the SSN loophole!
3. Red light cameras kill!

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1. 2007 VA General Assembly considering record number of privacy bills!
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“Legislators have introduced a slew of privacy-related bills this year. Many of them deal with requirements to remove personal information from documents that could be public under the Freedom of Information Act. A search of the state's legislative Web site shows 64 bills relating in some way to privacy issues, including one that would ensure the anonymity of those who carry out state executions.” See “Lawmakers out to stop ID theft Bills address release of data; Legislature inundated with bills dealing with privacy, The Freelance Star, by Chelyn Davis, 14 JAN 07 at http://www.fredericksburg.com/News/FLS/2007/012007/01142007/250833.

The FCPC interactive bill tracker is up and running at http://www.netxprtva.info/FCPC/GA2007.html.

Some members of the Fairfax County legislative delegation lead the way on privacy:

Delegate Dave Albo (R-Springfield) patrons HB 1909 which strengthens VA’s policy against recordation of Social Security Numbers (“SSNs”) in public land records.

Delegate Robert Brink (D-Arlington) patrons HB 2558 which creates a FOIA exemption for localities’ pet rabies vaccination database

Senator Ken Cuccinelli (R- Fairfax County) patrons SB 819 establishing a Freedom of Information Act (“FOIA”) exemption for SSNs, dates of birth, and other sensitive personal information.

Delegate Al Eisenberg (D – Arlington) patrons HB 2083 which allows victims of domestic violence to provide a post office box address, in lieu of a residence address, to be shown on any public list of registered voters (FCPC sees this as a first step to getting this right for all persons brave enough to create a public record by registering to vote).

Delegate Mark Sickles (D- Franconia) patrons HB 2821 establishing a FOIA exemption for SSNs.

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2. Help Delegate Sickles close the SSN loophole!
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Did you know that the VA FOIA creates a presumption of open public access to your SSN held in any government record in VA? Most other states and the federal FOIA already EXEMPT SSNs from public disclosure.

“[T]he Virginia auditor of public accounts that information security practices in state agencies and institutions are ‘generally inadequate’ even to protect Social Security numbers from public disclosure . . .[but u]ntil the Social Security numbers loophole in the Virginia FOIA is plugged, improving the information security practices of state agencies seems moot.” See “SSN loophole,” The Daily Press, Letter, 30 DEC 2006 at http://www.dailypress.com/news/opinion/dp-14016sy0dec30,0,3714737.story.

Delegate Mark Sickles (D-Franconia) is trying to close this dangerous privacy loophole with his HB 2821, but he needs your help to get the bill out of committee – you see, private industry has hired paid lobbyists to run around the General Assembly to tell legislators that the sky will fall if data aggregators do not have the right to grab your private information, including SSNs, in VA government records.

HB 2821 will be heard by the House of Delegates General Laws FOIA Sub-committee on Tuesday 23 JAN 07 at 7:00 AM. If you can make it to Richmond to testify for this bill, great – but regardless, you need to send an email to this sub-committee RIGHT NOW:

SUBJECT: Close the SSN loophole now - HB 2821 is ready for prime time!

Dear Delegate Marshall and members of the House of Delegates General Laws FOIA Subcommittee:

Please support HB 2821 to close the SSN loophole in FOIA. The presumption of public accessibility of government records should not include the presumption that citizens’ private SSNs are free for taking.

HB 2821 is a simple, clean, ready for prime time bill – no reason to send it to be studied to death.

Please let me know what you are going to do.

Sincerely,
YOUR NAME
YOUR ADDRESS
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3. Red light cameras kill!
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“When a car slams into a vehicle that has stopped for a red light, the consequences can be devastating as happened in a Fayetteville, North Carolina tragedy. A rear end collision in Fayetteville, North Carolina took the lives of three people last week [emphasis added]. Army Sergeant Clayton Morgan, 25, faces involuntary manslaughter charges for slamming his Nissan Pathfinder into a Honda Accord that had stopped for a red light at Fillyaw and North Reilly Road. Most proponents of the automated red light enforcement used in Fayetville downplay the significance of rear end collisions, calling them "fender benders." Studies have shown that the devices can cause rear enders when individuals stop unexpectedly in order to avoid a ticket. The December 18 incident shows just how devastating such accidents can be [emphasis added].” See “North Carolina: Rear End Collision Kills Three,” The Newspaper.com, 29 DEC 06 at http://www.thenewspaper.com/news/15/1523.asp.

In 2005 the VA Department of Transportation concluded a thorough study of a ten year Red Light Camera (“RLC”) experiment in Virginia and concluded that red light “cameras are contributing to a definite increase in rear-end crashes . . .[and these] findings are consistent with those in the majority of the literature surveyed. . . . [red light] cameras are correlated with an increase in total crashes, rear-end crashes, and total injury crashes [emphasis added].” See “FINAL REPORT: AN EVALUATION OF RED LIGHT CAMERA (PHOTO-RED) ENFORCEMENT PROGRAMS IN VIRGINIA: A REPORT IN RESPONSE TO A REQUEST BY VIRGINIA’S SECRETARY OF TRANSPORTATION,” JAN 05, at http://www.thenewspaper.com/rlc/docs/05-vdot.pdf.

So we know that rear end crashes kill. And we know that red light cameras increase not just total crashes, but especially rear end crashes. Therefore, RED LIGHT CAMERAS KILL!

Yet proponents of fast food safety schemes like red light cameras continue to downplay the safety risks of red light cameras just as they ignore the threat to our privacy and due process rights while trivializing reckless red light running as deserving simply a $50 fine that motorists can avoid by simply refusing to pay (no penalty lies for refusing to respond to a red light camera summons unless **personal service of process** is effected) or by using reflective sprays on license plates. Worse, red light camera proponents reject common sense approaches to intersection safety like lengthening yellow light times by fractions of seconds based on actual traffic speeds, and not some bureaucrat’s fantasy of the posted speed limit!

For the last two years the red light camera safety threat was lifted in Virginia – citizens even held a public wake to those nasty cameras “at Loisdale Road and the Fairfax County Parkway holding their signs, including one that said, ‘Honk if you hate Red-light Cameras.’ For an hour that night, the roadway echoed with the sounds of beeps and honks.” “Red-Light Cameras Stop Rolling in N.Va.,” The Washington Post, By Jamie Stockwell, 3 JUL 05 at http://www.washingtonpost.com/wp-dyn/content/article/2005/07/02/AR2005070201054.html.

In the past we could count on the House of Delegates to stand tall and block renewal of red light cameras in VA. But Senator JeaneMarie “Devolites Davis [(R – Vienna)] said she feels good about the bill's chances this year because companion legislation in the House has been referred to the Transportation Committee instead of Militia and Police.”

It’s urgent that you now contact the House of Delegates’ Leadership and Transportation Committee Chairman to urge them to refer all red light camera bills to the Militia, Police, and Public Safety Committee for an unbiased review.

Suggested Message:
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To: DelLWardrup@house.state.va.us, delwhowell@house.state.va.us, DelMGriffith@house.state.va.us

SUBJECT: Red light cameras kill – please refer all red light camera bills to the Militia, Police, and Public Safety Committee!

Dear Delegates Wardup, Howell, and Griffith:

“When a car slams into a vehicle that has stopped for a red light, the consequences can be devastating as happened in a Fayetteville, North Carolina tragedy. A rear end collision in Fayetteville, North Carolina took the lives of three people last week [emphasis added]. Army Sergeant Clayton Morgan, 25, faces involuntary manslaughter charges for slamming his Nissan Pathfinder into a Honda Accord that had stopped for a red light at Fillyaw and North Reilly Road. Most proponents of the automated red light enforcement used in Fayetville downplay the significance of rear end collisions, calling them "fender benders." Studies have shown that the devices can cause rear enders when individuals stop unexpectedly in order to avoid a ticket. The December 18 incident shows just how devastating such accidents can be [emphasis added].” See “North Carolina: Rear End Collision Kills Three,” The Newspaper.com, 29 DEC 06 at http://www.thenewspaper.com/news/15/1523.asp.

So we know that rear end crashes kill. And we know that red light cameras increase not just total crashes, but especially rear end crashes. Therefore, RED LIGHT CAMERAS KILL!

Don’t let the fast food public safety spin doctors do an end run around common sense at our families’ risk – please refer all red light camera bills to the Militia, Police, and Public Safety Committee for an unbiased review.

Please let me know what you are going to do.

Sincerely,

YOUR NAME
YOUR ADDRESS
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Questions, or to be added/deleted from future Alerts? Contact Mike Stollenwerk atFCPCChairman@cox.net.