Opinion: Identity theft and public records

As it calls for closing millions of Florida government records from the public's view, a statewide grand jury investigating identity theft unwittingly makes the case for why such action is largely irrelevant. The grand jury, advised by statewide prosecutor Melanie Hines, recently indicted 33 people on 419 counts relating to identity fraud. And its investigation demonstrated that, in the lucrative world of high-tech thievery, public documents are among the least of our own concerns.

Just consider a few of the grand jury's own findings:

Driver license abuses. The state workers who issue one of the most universally accepted forms of identification are underpaid and overworked. They sometimes don't understand all the forms of identification that are statutorily required for a license, and, because of waiting lines, don't have the time to check them carefully anyway. The department uses so few procedures to prevent internal fraud that the grand jury was "outraged" to find that nearly one entire office of examiners had conspired to issue fraudulent licenses.

Private business records. Businesses routinely ask for private information that could be used to steal someone's identity. Even health clubs and video rental stores ask for Social Security numbers, and customer lists are still sold for profit.

Manual theft. Many identities are stolen the old-fashioned way, as criminals take credit card receipts from trash cans, use calling card numbers or bank cards they have lifted.

The grand jury has provided a service by shining a light on the growing criminal trade in identity theft. The nationwide cost was estimated at $2.5-billion last year, and is expected to reach $8-billion by 2005. But as the grand jury itself noted, there is no simple way to prevent identity theft, and part of the problem is that law enforcement is just now beginning to come to terms with information-age crime.

The call to close government records that contain personal information is understandable, and, in some limited cases given thorough review, might be appropriate. But Florida has a tradition of open government that has consistently been reinforced by the will of voters. When the grand jury recommends that the state reverse its presumption that government records belong to the public, it is in effect trying to rewrite the state Constitution. It is also inviting a different type of crime, one that prompted the public to demand government accountability in the beginning.

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