Regulating Data Brokers: Best Practices for the Private and Public Sectors
Evynn Testa-Avila,
Regulating Data Brokers: Best Practices for the Private and Public Sectors,
School of Information, UC Berkeley, Berkeley, California, UCB iSchool Report 2008-022, February 2008
In this paper, I outline the legislative framework governing information privacy practices in the public and private sectors
in the United States and, more narrowly, the state of California, with particular attention paid to criminal justice system
information. I will explore the relationship between the courts, which maintain public criminal records, and Corporate Data
Brokers, which aggregate and sell information from court records, as well as the accuracy and privacy of their systems. While
legislation guiding the government’s handling of information may need to be extended to the private sector, state governments
have a role to play in improving their technology infrastructure to ensure that accurate, timely information is available
in the public records. This is particularly important for the criminal justice system, the source of the data brokers are
collecting. In making this argument, I look at one state, Colorado, that did a great deal early on to improve their criminal
records technology infrastructure.
