Privacy Protection Guidance - EMERGENCY PLANNING AND SECURITY COORDINATION UNIT APRIL 21, 2020 - 360 Biz
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Privacy Protection Guidance EMERGENCY PLANNING AND SECURITY COORDINATION UNIT APRIL 21, 2020
Judicial Council of California Administrative Division Facilities Services, Emergency Planning and Security Coordination Unit 455 Golden Gate Avenue San Francisco, California 94102-3688 415-865-8991 www.courts.ca.gov To obtain copies of this guide, please e-mail EPSCU@jud.ca.gov. Special thanks to Judge James R. Brandlin (Ret.) Author and sponsor of judicial privacy protection legislation in California
CONTENTS
Why Is Privacy Protection Important? ............................................................................................ 1
How Data Vendors Get Your Information...................................................................................... 1
How to Opt Out From Data Vendor Websites ................................................................................ 2
How to Keep Your Information Offline ......................................................................................... 3
Directories ................................................................................................................................... 3
Preapproved Credit Offers .......................................................................................................... 4
Marketing and Mailing Lists....................................................................................................... 4
Public Records ............................................................................................................................ 4
Vehicle Registration Records ................................................................................................. 5
Voter Registration Records ..................................................................................................... 5
Marriage and Divorce Records ............................................................................................... 5
Court Records ......................................................................................................................... 6
Property Records..................................................................................................................... 6
Surveillance of Sites ................................................................................................................... 6
Resources ........................................................................................................................................ 7
Attachment 1: Authorization Form for Judicial Officers ................................................................ 9
Attachment 2: Data Vendor Contact Information ......................................................................... 10
Attachment 3: Sample Letter ........................................................................................................ 12
FOR AUTHORIZED USE ONLYFOR AUTHORIZED USE ONLY
Why Is Privacy Protection Important?
We are living in the Information Age. The quality and quantity of information that is available
about a person on the Internet is unprecedented, and a widespread information broker industry
thrives on providing that data to others. There are hundreds of websites where one can buy
records that contain facts about you that you may wish to keep private. As science fiction author
and journalist Bruce Sterling has said, “[T]he ability to accumulate data and manipulate it for
various ends is increasing.”
Depending on your occupation and situations in your personal life, the risk that this poses to you
may be great or small. Judicial officers especially should be concerned that having their private
information in the public arena could allow someone to locate and harm them.
While consumers have limited control over information that data vendors share on their websites,
California’s elected and appointed officials have privacy rights under Government Code section
6254.21. The Judicial Council of California provides the Judicial Privacy Protection Program to
assist active California trial court judges, commissioners, and referees with exercising their
privacy rights. These judicial officers may designate council staff to act on their behalf in making
written demands, to the major online data vendors included in the program, that they not post or
display the specific home street addresses or telephone numbers of judicial officers.
This guide was compiled to provide judicial officers, court staff, and council employees with a
general understanding of how data vendors get their information, how to opt out, and what
strategies will help to prevent the information from being sold or shared again. The information
provided in this guide is current as of April 21, 2020. Please note that this guide is not intended
as legal advice.
How Data Vendors Get Your Information
Online data vendors gather their information from several sources, including other data vendors.
Their main sources are directory listings and public records from local, state, and federal
government agencies. Data vendors may also get information from companies you have done
business with, if those companies sell or share lists of their clients’ personal information with
other companies.
Section 6254.21 of the Government Code enables elected officials such as judicial officers to
demand that their home addresses and telephone numbers be removed from data vendor
websites. While it is not required by law, most data vendors also offer a way for the general
public to request that their personal information be removed or suppressed. To remove personal
information that is appearing on a website or being shared with third parties, you can request to
“opt out” of the lists that share that information.
FOR AUTHORIZED USE ONLY
1The data vendors that this guide focuses on can be divided into two categories:
• Data vendors that have a “people search” function on their websites; and
• Data vendors that collect and share information but have no “people search” function.
How to Opt Out From Data Vendor Websites
You can opt out by telling a company that you do not want them to use your information for
certain purposes or to sell it to others. Opt-out procedures vary greatly. Some companies allow
online removal requests, while others require you to send a fax or letter.
Judicial officers can authorize Judicial Council staff to send written demands on their behalf
to the major online data vendors currently included in the Judicial Privacy Protection Program.
(See Attachment 1 for an authorization form; the major online data vendors are listed below.)
Participants need not send separate demands to those data vendors; however, there may be
additional sites they may wish to contact.
There are several paid opt-out services available online that you may wish to research. However,
the process is simple enough that you can do it on your own, as detailed below. With data
vendors that have a “people search” function on their websites, the first step to opting out is to
search their sites for your information. We suggest you search the following data vendor
websites:
BeenVerified www.beenverified.com
City-Data www.city-data.com
eVerify www.everify.com
InstantCheckmate www.instantcheckmate.com
Intelius www.intelius.com
MyLife.com www.mylife.com
PeekYou www.peekyou.com
PeopleByName www.peoplebyname.com
PeopleFinders www.peoplefinders.com
Spokeo www.spokeo.com
Truthfinder, Inc. www.truthfinder.com
USA People Search www.usa-people-search.com
WhitePages www.whitepages.com
Search fields will vary—some sites allow you to search by exact address and telephone number,
which can be faster than searching by names, cities, and states. If you find personal information
that you would like to remove, note the site address and details about name variations, cities, etc.
You may need to specify that information in the removal request.
FOR AUTHORIZED USE ONLY
2With data vendors that collect and share marketing information, but do not have a “people
search” function on their websites, you can simply send a removal request. We suggest you
contact the following major data vendors:
Acxiom www.acxiom.com
InfoUSA www.infousa.com
LexisNexis www.lexisnexis.com
Westlaw www.westlaw.com
You can use the data vendor contact information form in Attachment 2 to send removal requests
to these websites and to those that contained your personal information. See Attachment 3 for a
sample letter.
How to Keep Your Information Offline
Unfortunately, opt-out requests may only solve the problem temporarily. It is like breaking a
weed off above the ground—the weed will continue to grow back until it is pulled up at the root.
Many data vendors download new information from their sources as often as every three months.
The data replicates quickly, presenting a difficult challenge. The solution involves more than just
removing your information from a data vendor’s website—the only way to keep your personal
information from reappearing may be to go to the source.
Many of the steps you can take are simple: use a post office box or personal mailbox for your
mailing address, have shipments delivered to those or your work instead of your home address,
and use an unlisted and unpublished telephone number. Before making donations, ensure donees
will not share or post your information. Avoid giving out more information than you need to.
Following the strategies below will help reduce the chance that your personal information will
appear in data vendor websites. To the extent possible, you should disassociate your name from
your home address on all documents and records. As you make your personal information less
available and data vendors refresh their data, you should see a marked improvement.
Directories
One way that personal information gets into the public domain is through telephone companies.
By default, your telephone number and address will be listed in the directory assistance database.
You can request that your telephone company make your information unlisted and unpublished
(which means that it will not appear in printed directories).
Unfortunately, this will not guarantee that your telephone number is private. Data vendors may
obtain that information if it is included in public records, which will allow them to offer a
“reverse lookup” on the number. For details, see Public Records, below.
FOR AUTHORIZED USE ONLY
3Preapproved Credit Offers
You can place yourself on opt-out lists with the consumer credit reporting companies
(Equifax, Experian, Innovis, and TransUnion) to request that your personal information not be
shared. This will also limit the number of credit card applications you receive in the mail. Call
888-5-OPTOUT (888-567-8688) or visit www.optoutprescreen.com for more information.
The Federal Trade Commission provides fact sheets about this information as well as a template
that you can use to write to the credit bureaus if you prefer to send a letter, available at
www.ftc.gov/privacy/protect.shtm.
Marketing and Mailing Lists
In general, it is a good idea to learn how an organization will use your personal information
before you give it out. Business and Professions Code section 22575 currently requires
commercial websites and online services that collect personal information on consumers to post
a privacy policy. The policy should explain how the organization collecting the personal
information intends to use it. For example, a merchant that collects your name, home address,
and telephone number may also intend to use the information for marketing purposes. The policy
should detail any options to opt out of having your information used for secondary purposes.
You may also receive annual privacy disclosure statements from your banks and credit card
issuers, which allow you to opt out of some of their information-sharing practices.
You can opt out of many marketing and mailing lists through the Data & Marketing Association,
which offers mail, telephone, and e-mail preference services that allow you to limit the sale of
your personal information. You can place yourself on its opt-out lists at
https://dmachoice.thedma.org/.
You may also be interested in the National Do Not Call Registry (www.donotcall.gov), which is
managed by the Federal Trade Commission. Registering your telephone number essentially
places it on a suppression list. Telemarketers are required to search for and remove registered
numbers from their call lists every 31 days.
Public Records
Most data vendors do not maintain a database of personal information—almost all of the
information they “find” comes from public records. Examples include vehicle registration, voter
registration, and marriage, divorce, property, and court records.
Note: Individuals whose personal safety is at risk (for example, victims of domestic violence or
stalking) should contact Safe at Home (www.sos.ca.gov/safeathome), California’s address
confidentiality program, which provides confidential mail forwarding and address protection in
all new public records. While aimed at victims of domestic violence and stalking, it may be
useful to any individuals who are facing life-threatening situations.
FOR AUTHORIZED USE ONLY
4Vehicle Registration Records
The Department of Motor Vehicles (DMV) will only release record information for authorized
purposes as specified in the Vehicle Code. For example, per Vehicle Code section 1810.5,
personal information may be released to law enforcement agencies. Per section 1810.7, the DMV
may issue a permit for access to its electronic database, and per section 1810.2 it may allow
authorized “commercial requester account” holders to obtain records.
Some individuals such as judges, court commissioners, and trial court employees qualify for
confidentiality of residence address under Vehicle Code section 1808.4(a). To request
confidentiality, you must complete a Request for Confidentiality of Home Address (DMV form
INV 32). You can obtain a copy of the form from your employer. It is only available from an
eligible agency or, in an emergency, from DMV investigators.
Voter Registration Records
As noted in Government Code section 6254.4, voter registration records are not available for
public inspection; however, information may be provided to a candidate for office, a ballot
measure committee, or any other person for political, governmental, educational, or journalistic
purposes as determined by the California Secretary of State.
Judges and court commissioners may have the information relating to their home addresses and
telephone numbers declared confidential under Elections Code section 2166.7, which provides
confidentiality for a renewable two-year period. In addition, upon order of a superior court,
individuals facing life-threatening situations may have such information declared confidential
under Elections Code section 2166. For more information, contact the Safe at Home program at
877-322-5227 or visit www.sos.ca.gov/safeathome.
Marriage and Divorce Records
Marriage certificates are available to the public and kept on file in county clerks’ offices and are
available from the California Department of Public Health, Vital Records (CDPH Vital Records),
www.cdph.ca.gov/Programs/CHSI/Pages/Vital-Records.aspx. The record contains the married
couple’s names, their addresses, the county in which they were married, and the marriage date.
Couples getting married in California may apply for a confidential marriage certificate that is not
a public record or they may provide an alternative mailing address other than a home address.
Check with your county clerk’s office for additional information. Family members should also
use an alternative mailing address other than their home address.
Divorce certificates are available to the public from CDPH Vital Records. The record contains
the parties’ names, location, and court case number. It does not indicate whether the divorce was
finalized. CDPH Vital Records can only issue a certificate of record (not a certified divorce
decree) for divorces that were filed with the court between 1962 and June 1984; for other years,
FOR AUTHORIZED USE ONLY
5or for certified copies of actual divorce decrees, you must contact the court in the county where
the divorce was filed.
Court Records
Most court records are public unless they involve someone under the age of 18, and are usually
available at the court clerk’s office. Individuals can request to have court records “sealed” so that
they are no longer available for public viewing. To request that a record be sealed, you must file
a motion or an application for an order sealing the record. It must be accompanied by a
memorandum and a declaration containing facts sufficient to justify the sealing, as detailed in
California Rules of Court, rules 2.550 and 2.551.
Property Records
Another common way that your information is found is through property transactions. Most sales
and purchases result in a public record, which may contain names, addresses, and telephone
numbers. One solution to this is to list the ownership of your property as a trust, which changes
the way that you hold title to the property. In his judicial privacy protection training, Judge
James R. Brandlin, Superior Court of Los Angeles County (retired), provides the following tips
for using a family trust to mask your identity:
• Don’t use the family name in the title.
• Find a lender who will loan to a blind trust.
• Use an initial trustee who does not have your family name to take title; the initial trustee then
resigns, leaving you as a successor trustee.
• Don’t use your name on any publicly recorded documents.
• Don’t use the street address on any publicly recorded documents; use the legal address.
• Forward documents when filed to a post office box or business address.
• Personally inspect all forms prior to recording.
This information is specific to a family trust; however, there are several other types of trusts, and
the effectiveness of each varies. Do seek legal advice when creating a trust. The circumstances
for each individual vary, and there can be various implications (for example, potential tax
issues).
Surveillance of Sites
Unfortunately, with information being drawn from public records and new information
continually being acquired and shared, it is nearly impossible to ensure that one’s personal
information will not reappear on data vendor websites. While Government Code section 6254.21
allows elected or appointed officials to demand that their home addresses and telephone numbers
not be publicly posted or displayed on the Internet for at least four years, others may have more
difficulty. For example, a data vendor could argue that an opt-out request does not require it to
go through each new download of data to check the names against previous requests.
FOR AUTHORIZED USE ONLY
6Opting out is only a temporary solution. Data vendors get the majority of their information from
public records and they re-upload that information at varying intervals—sometimes hours,
sometimes days, sometimes weeks. A better, more permanent solution is to contact the official
custodians of public records that contain sensitive information to determine how to remove it.
Until legislation is passed that affects the sources that data vendors use, or sufficiently enforces
the use of suppression lists, judicial officers as well as the general public should periodically
check data vendor websites to ensure that their personal information has not reappeared.
Resources
The Judicial Council’s Emergency Planning and Security Coordination Unit (EPSCU)
administers the Judicial Privacy Protection Program to assist trial court judges, commissioners,
and referees with removal and suppression demands. Judicial officers can participate by
submitting the authorization form in Attachment 1. The following resources were consulted in
the creation of this guide and may be useful to you:
• California Department of Justice, Privacy Enforcement and Protection Unit
(www.oag.ca.gov/privacy). Offers guidance to consumers as well as a password-protected
site for public officials. EPSCU staff strongly encourage judicial officers to visit the site,
which offers general strategies for protecting personal information, opt-out forms, and a
listing of websites displaying residential addresses and telephone numbers. To request a
password, visit https://oag.ca.gov/privacy/special-protection and follow instructions for
public officials.
• Privacy Rights Clearinghouse (www.privacyrights.org). Offers privacy basics and opt-out
strategies, as well as a list of data vendors and opt-out policies.
• Federal Trade Commission (www.consumer.ftc.gov/topics/privacy-identity-online-
security). Provides information on sharing your personal information with credit bureaus, the
Department of Motor Vehicles, and direct marketers. It offers several useful fact sheets about
protecting your personal information.
• Opt-out websites. Several websites exist to assist you in removing your name from mailing
and marketing lists, such as www.optoutprescreen.com and www.donotcall.gov. The Data &
Marketing Association provides help at https://thedma.org/resources/consumer-resources/.
You may also find opt-out services that will search for and remove your personal information
for a fee. While EPSCU staff cannot recommend individual vendors, some that we are aware
of are Abine (www.abine.com), Reputation.com (www.reputation.com), and Safe Shepherd
(www.safeshepherd.com).
FOR AUTHORIZED USE ONLY
7• Safe at Home. The California Secretary of State’s Office maintains a list of agencies that
participate in the Safe at Home program (www.sos.ca.gov/safeathome), which provides
confidential mail forwarding. While intended for victims of domestic violence and stalking, it
may be useful to individuals who feel that their personal safety is at risk.
EPSCU staff hope this guide provides you with the tools that you need to maximize your privacy
protection. Please feel free to contact us with any questions at 415-865-8991 or
EPSCU@jud.ca.gov.
FOR AUTHORIZED USE ONLY
8Attachment 1: Authorization Form for Judicial Officers
9Attachment 2: Data Vendor Contact Information
While some vendors accept removal requests online or via e-mail, many require a written
request. We have listed as much contact information as possible below; however, vendor
ownership and removal request methods may have changed. Note that this list of vendors is not
exhaustive. More details can be found at the Privacy Rights Clearinghouse
(www.privacyrights.org) or the website of the Department of Justice, Privacy Enforcement and
Protection Unit (www.oag.ca.gov/privacy).
Vendor Information Address
Acxiom Acxiom CWY0302-1
www.acxiom.com/about-us/privacy Attention: Consumer Advocate
Vendor has option for online removal request. P.O. Box 2000
www.acxiom.com/optout Conway, AR 72033
BeenVerified BeenVerified
www.beenverified.com/faq/privacy Attention: MSC-149098
Vendor has option for online removal request. P.O. Box 105168
www.beenverified.com/opt-out-instructions Atlanta, GA 30348
City-Data City-Data
www.city-data.com/terms.html#priv Attention: Advameg, Inc.
Vendor has option for online disassociation of 3 Grant Square, #263
name from street address. Hinsdale, IL 60521
www.city-data.com/delrequest/form.php
eVerify eVerify
https://members.everify.com/customer/terms Opt Out Compliance Department
Vendor has a printable form and a fax option. P.O. Box 990142
Boston, MA 02199
InfoUSA InfoUSA (Infogroup)
www.infousa.com/privacy-policy/ Attention: Opt Out
1020 East 1st Street
Papillion, NE 68046
Instant Checkmate Instant Checkmate
www.instantcheckmate.com/privacy-policy Attention: Opt Out
Vendor has option for online removal request. 3111 Camino Del Rio N., Suite 400
www.instantcheckmate.com/optout San Diego, CA 92108
Intelius Intelius
www.intelius.com/privacy-faq.php Attention: Consumer Affairs
Vendor has option for online removal request. P.O. Box 4145
www.intelius.com/optout Bellevue, WA 98009
10Vendor Information Address
LexisNexis LexisNexis
www.lexisnexis.com/privacy/for-consumers/ Attention: Opt Out
Vendor has option for online removal request. P.O. Box 933
https://optout.lexisnexis.com/oo.jsp Dayton, OH 45401
MyLife MyLife.com
www.mylife.com/privacy-policy Attention: Privacy
907 Westwood Boulevard, #359
Los Angeles, CA 90024
PeekYou PeekYou
www.peekyou.com/about/privacy.html Attention: Privacy
Vendor has option for online removal request. P.O. Box 705
www.peekyou.com/about/contact/optout Ashburn, VA 20146
PeopleByName PBN Services LLC
www.peoplebyname.com/privacy.php Attention: PeopleByName.com
Vendor has option for online removal request. 170 NE 2nd Street, #91
www.peoplebyname.com/remove.php Boca Raton, FL 33429
PeopleFinders PeopleFinders.com
www.peoplefinders.com/privacy.aspx Attention: Opt Out
www.peoplefinders.com/manage 1821 Q Street
Vendor has option for online removal request. Sacramento, CA 95811
Spokeo Spokeo.com
www.spokeo.com/privacy Attention: Privacy
Vendor has option for online removal request. 556 S. Fair Oaks Avenue, Suite 101-179
www.spokeo.com/optout Pasadena, CA 91105
TruthFinder, Inc. TruthFinder, Inc.
www.truthfinder.com/privacy-policy Attention: Opt Out
Vendor has option for online removal request. 2534 State Street, Suite 473
www.truthfinder.com/opt-out San Diego, CA 92101
USA People Search USA People Search
www.usa-people-search.com/help.aspx#p3 Attention: Opt Out
Vendor has option for online removal request. P.O. Box 188860
www.usa-people-search.com/manage Sacramento, CA 95818
Westlaw Westlaw and CLEAR Public Records
https://legal.thomsonreuters.com/en/legal- Attention: D5-S400 Personal Information
notices/privacy-records Removal Request
610 Opperman Drive
Eagan, MN 55123
WhitePages WhitePages, Inc.
www.whitepages.com/data-policy Attention: Customer Support
Vendor has option for online removal request. 1301 Fifth Avenue, Suite 1600
www.whitepages.com/suppression_requests Seattle, WA 98101
11Attachment 3: Sample Letter
VIA U.S. MAIL
[Date]
[Company
Attention: Name
Address
City, State, Zip]
Re: Opt-Out Request
To Whom It May Concern:
This is a formal, written opt-out request to prevent my information from being viewable on your
website. Please remove the enclosed posting of my personal information from public display and
posting on any and all Internet sites under your ownership or control.
[Your Name
Your Address
Your Telephone Number
If site was searchable, include variations
that you found and would like removed.]
If you do not maintain or control the records, please block my records from being shown in your
search results. If possible, please confirm via e-mail to that the records have been
removed and/or suppressed. Please keep the above e-mail address confidential.
Thank you for your compliance with this request.
Sincerely,
12Judicial Council of California
Administrative Division
Facilities Services, Emergency Planning and Security Coordination Unit
455 Golden Gate Avenue
San Francisco, California 94102-3688
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