September 26, 2004

Law - Tension between privacy, security and the right to access public records

Last week the Greenwich Time, a Connecticut paper, published a story headlined "State's highest court to hear town case on public records" that reported:

Perhaps sensing its potentially far-reaching ramifications after the Sept. 11, 2001, terrorist attacks, the state's highest court will now decide a landmark public records case involving access to aerial reconnaissance photographs and maps of Greenwich.

The town maintains the images in a tightly kept database known as a geographic information system, which a judge declared to be public records last December.

The Connecticut Supreme Court announced Monday that it will hear the town's appeal of that ruling, expediting the case by leap-frogging the state Appellate Court. * * *

"I could see where the Supreme Court would want to take it," said Clifton Leonhardt, director of litigation for the state FOIC, which sided with the computer consultant in the case and is named a defendant in the town's appeal. "It's a first in the United States, a case of first impression on a national basis. It really is a case of 'Where are we going with computerized records?' "

Leonhardt said placing restrictions on the images, which the town effectively does by making only individual maps available to citizens, undermines the public's ability to analyze the same data government relies on in its decision-making.

Assistant Town Attorney Haden Gerrish also noted the significance of the case, but for different reasons. "I think it shows that the court recognizes the importance of the public safety issues involved," said Gerrish, who has long argued that the unfettered release of detailed information on infrastructure, public safety facilities, schools and celebrities' homes in electronic form could lead to breaches in security and privacy. * * *

Among those public records watchdogs who will be monitoring the case is Charles Davis, executive director of the Freedom of Information Center at the Missouri School of Journalism.

"I sense the importance of this case in that it is a good conceptualization of a post-Sept. 11 clash between access and privacy," Davis said. In Connecticut, Davis said, the burden of proof in public records cases rests largely with government agencies.

"Without access to GIS systems and images, we're allowing government to create an extremely powerful parallel universe without any scrutiny of that parallel universe, and that's fraught with disaster," he said.

I was particularly taken with this comment from the Slashdot.com discussion of the article. [Thanks to How Appealing for the pointer.]

And what about Indiana? The Indianapolis Star today has a story titled "Angling for a better view: As officials hail benefits of aerial imaging tool, some see risk for abuse." Here is a description of the new tool from a side-bar to the story:

A new tool being used by Indianapolis officials provides digital aerial views of the city from an angle, such as this one of the Indiana Statehouse. That's a big improvement over more traditional straight-down photography (the same building, left) because it allows users to see building facades and measure height and distance. The new pictures are taken at two altitudes -- 2,500 feet and 5,000 feet -- depending on the level of detail needed for a particular area. -- Photo provided by IndyGIS/Pictometry International Corp.
From the story itself:
The technology, created by Rochester, N.Y.-based Pictometry International Corp., allows officers to view the entire city, building by building. It can show structures at an angle, exposing features -- such as exits -- that are hidden in the more widely used straight-down photography.

"We can look at how best to approach an area," said Indianapolis Police Lt. Dale True, who is assigned to emergency management. "We can pre-scan the area looking for threats and protective areas."

While at least one group has raised privacy concerns about the technology, city agencies are using the images not only for police work but for everything from enforcing sign permits to helping the Parks Department eradicate weeds.

The images are collected by airplanes that fly above Marion County once a year and are calibrated so that a user can, in most parts of the city, view buildings and neighborhoods from four different directions. * * *

Elizabeth Ross, a project engineer with the Department of Public Works, uses the software to help residents with drainage problems after heavy rains. Ross can identify ditches and land elevations that affect flooding.

"You almost feel like you've been to the area before you've ever been there," Ross said. "When I do make that site visit, I'm able to make it count."

And here is the tension:
But at least one Washington-based privacy group has raised questions about the technology, arguing that better guidelines should be put in place to prohibit misuse.

"The real key with evaluating a lot of this new technology is to look at the nature of the purpose of the data collection," said Marc Rotenberg, executive director of the Electronic Privacy Information Center.

The city said safeguards are already in place. The image resolution is limited to 6-inch pixels, meaning that anyone attempting to zoom in on a license plate, on a face or through a window would see only large, unidentifiable blotches.

And unlike the straight-down views, which are available on the city's Web site [select "general viewer"], Pictometry pictures will be viewed only by city and county employees.

"Pictometry pictures will be viewed only by city and county employees." Hmmm.

Posted by Marcia Oddi at September 26, 2004 12:03 PM