Monday, February 6, 2012

What's the difference between public records, publicly available information, and non-public information?

These terms refer to the source of the information. The following definitions have been agreed upon by various information industry and government groups:



Public Records are compiled by various public offices and agencies with the intent and for the purpose of being made publicly available. Examples of public records include real estate records, lien filings, business entity filings (such as corporate registrations), lawsuit information and court dockets, court decisions, and birth, marriage, divorce and death records.



Publicly Available Information generally originates with the individual himself or herself and is provided in the course of routine business transactions, such as ordering telephone service, placing catalog orders, making retail purchases, and joining book clubs. Published telephone numbers, household demographics, street addresses, and church and school alumni directory information all fall within the category of publicly available information. Information contained in newspapers and magazines (such as news reports and birth, death and marriage notices) is also considered to be publicly available.



Private or Non-Public Information is not generally available from public records or commercial sources. Non-public information includes information that is protected from disclosure by law or by custom, such as medical records, employment records, tax returns, and personal financial records. It's important to note that the status of information depends on the information's source. A certain piece of information may be a matter of public record as well as publicly available and non-public. For example, your home address may be contained in a public record (such as the deed to your property that is on file in your county's real property records office). Your address may be publicly available from your local telephone directory, and your address may be contained in a non-public database, such as a credit bureau database.



Many people incorrectly believe that some information, such as Social Security numbers or mothers' maiden names, is always non-public. This is not true. For example, while individuals may believe that their mother's maiden name is a "private" fact (and while credit grantors may treat this data as private or secure), birth records are public record in every state. Since birth records typically contain the maiden name of the maternal parent, it's public record. Similarly, Social Security numbers are often included in public records, such as lawsuit filings and bankruptcy records.What's the difference between public records, publicly available information, and non-public information?
That would probably be defined in the Right to Know Laws of your state.

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