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Reprinted with permission

Fort Bend Herald

Bob Haenel - December 13th, 2005

Years ago, Fort Bend County County Clerk Dianne Wilson came to Commissioners Court with a proposal that would save the county money and space. At least one of those is a key ingredient for any proposal.

The idea was to become a pilot program by purchasing an imaging system that would allow every document in Fort Bend County's records to be copied. That system was purchased from a company that is now called Hart InterCivic, which won the bid most recently to supply the county with voting machines. Funny how these things work.

The name Hart should be familiar to Fort Bend County taxpayers because we have had a long association with the company, as has Wilson. Hart Graphics, InterCivic's predecessor, was the company that used to supply the old equipment used by the county clerk for elections when she served as elections administrator.

The program to image records eventually copied between 15 to 20 million documents on file at the clerk's office.

At the start around 1993, the Internet was a twinkle in everybody's eye. We didn't know how vast its usage would become, and we are still grappling with its impact - perhaps to a greater degree now in Fort Bend County.

In the past three editions of the Fort Bend Herald, we have examined Wilson's placement of all those imaged county records on to the Internet. In fact, Wilson has worked hard promoting the product and herself as a leading proponent in the state of unchecked access to records under her protection via the Internet.

But no one really recognized the full impact of what that meant until people recently began finding extremely personal data about themselves among those imaged records. Imagine all that information in the wrong hands.

 Wilson has debated the topic before the Texas Judicial Council, advocating her position of providing citizens (and all others) with unlimited access to Public Records - including matters such as probate filings - that often include sensitive data such as Social Security numbers, checking account numbers and bank routing numbers.

The Texas Legislature and the Texas Supreme Court continue to wrestle with the impact of records on the Internet. The last recommendation I could find on work done by the Texas Judicial  Council for the Supreme Court was in August 2004. The panel's recommendation included a sensible proposal: implement a "Sensitive Data Form" that would be available to only those with proper clearances, but unavailable to the general public.

In the research included in this report, most states follow or recommend a similar policy, and yet, Texas still doesn't have these locked into place.

Wilson already has sold all the county records in bulk to businesses that will prosper by flipping them to anyone willing to pay. We won't get into the squabble over whether we saved money or gave away the store. That's another debate.

The recommendation from the Judicial Council makes it clear the onus to fill out the Sensitive Data Form, should it ever become policy or law, will fall on citizens filing documents. Fair enough. At least they'll be aware, and maybe thankful, that sensitive information will not be made available to the world.

The report also makes it clear that the spilled milk - in this case, the sensitive information - would be a burdensome mess to clean up, and probably wouldn't add any protection. Ironically, on Hart InterCivic's web site, Wilson is treated like a darling since she has been promoting the company's programs and equipment.

She touts the imaging system's security measures. But it was Wilson, and Wilson alone, who decided to place these records on the Internet. She even said so herself. There was no mandate from citizens to do so.

Making Public Records easily accessible to the public is one thing; making records that include sensitive information available to the world without any forethought is an outrage.

There were options that could have provided more security, but it appears that in a rush to be the leader - the expert - Wilson picked a direction that has placed some of her constituents at risk.

As custodian of these records for those citizens, she has betrayed them.

Bob Haenel may be reached by e-mail at bobcoast@fbherald.com.

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