House Limits Freedom of Information Act in the Name of Privacy Protection

CHARLESTON (AP) - The House of Delegates on Tuesday unanimously passed two bills proposed by Gov. Bob Wise to curb identity theft and fraud.

The bills would exempt from the state Freedom of Information Act an array of personal information, including home addresses, Social Security and driver's license numbers, maiden names and such financial information as debit and credit card numbers.

One bill (HB4020) addresses information from private individuals, while the other (HB4021) covers active and retired state employees. Both would apply to state agencies.

About 27.3 million U.S. consumers reported that someone misused their Social Security numbers or other personal information to commit fraud, at a cost of some $5 billion, in the last five years, according to a Federal Trade Commission survey.

Last year, 42 percent of the 516,714 complaints filed with the FTC involved identity theft. About 8 percent involved misuse of government documents or benefits, the FTC reported.

West Virginia ranked 46th for the number of identity theft complaints. Of the 508 state residents who reported identity theft, 31 alleged misuse of government documents or benefits.

Patrick McGinley, a law professor at West Virginia University who teaches about FOIA, noted the law already exempts some personal information. Other information covered by the legislation is already widely available in phone books, on mailboxes and the like, he said.

"It seems to be a knee-jerk reaction to a genuine problem," McGinley said.

The West Virginia Press Association does not believe the bills would hinder media access to needed public records, Executive Director Gloria Flowers said.

"I don't see yet that there's that big of a change," Flowers said. "We are watching those two bills to make sure there is not a conflict with (FOIA)."

The bills go to the Senate, which on Wednesday is scheduled to consider its version of the bill addressing private individuals (SB138).

Also Tuesday, the House unanimously adopted a resolution honoring Delegate A. James Manchin, D-Marion, who died Nov. 3. With members of Manchin's family looking on, the delegates unanimously endorsed a separate measure that asks the Division of Highways to rename U.S. 250 in Marion County to honor him.

"He had a compassion for people like no human being I have ever met in my life," Delegate Mike Caputo, D-Marion, told his colleagues during an emotional floor speech. "His love for West Virginia was second to none."