Calls for Leash on Voter Data 

By Kim Zetter  |01:16 PM Jun. 15, 2004 PT

A California privacy task force said on Tuesday that the state should tell voters that it is selling voter registration information to political parties and database marketers, and that the state should take steps to safeguard how private companies and organizations use the information.

The report, commissioned by Secretary of State Kevin Shelley, is the result of a year-long examination into the collection, sale and use of voter registration data.
Few people know that the information they fill in on voter registration forms are public records. States can sell that information birth dates, home addresses, phone numbers, social security numbers and in some cases even race to political parties, candidates and nonprofit organizations that work on ballot initiatives. Some states even allow commercial marketers to buy the data. Database companies may even buy the lists to combine the information with additional public records and marketing data, like income levels, ethnic backgrounds, purchasing histories and religious affiliation.

"This is the first report of its kind in the nation," said Kim Alexander, president of the California Voter Foundation, which recently published a nationwide report (PDF) on how states use and sell voter registration data. "It's important not only for California voter privacy, but for voters nationwide. This is an issue that impacts voters in every state, and these recommendations can certainly help expand voter data protection in other states as well."

Although 22 states restrict the purchase or use of voter lists, most states don't warn voters that their registration data may be sold to third parties, according to Alexander's survey. Privacy advocates say this violates the privacy rights of individuals and raises concerns not only about unwanted marketing but also about stalking.

The task force recommended that the state add a note to voter registration forms on how to request confidentiality. Penalties for misusing voter data vary among states. California fines users 50 cents per voter record. But no one has ever been prosecuted in the state for misusing voter data.

Beth Givens, director of the Privacy Rights Clearinghouse, said the state hasn't had the inclination or the resources to monitor companies selling voter lists or the people who buy them. A recent Wired News investigation revealed that at least one seller of voter data, Aristotle International, was selling voter information online to anyone who wanted to buy it, without verifying their identity or purpose.

Givens, who served on the California task force, said she believes there has probably been "a surprising amount of misuse of voter files," but no one has been serious about investigating or enforcing it. She said she's pleased with the task force recommendations, which will be included in legislation introduced tomorrow in the California Assembly.

"The recommendations are well worth implementing in law and will go a long way toward educating voters about ways they can protect their privacy in the voting process," Givens said.

The task force called for the state to clarify on registration forms in red print what information is optional, so that voters don't include more information than necessary. It also asked the state to examine ways to protect sensitive data like social security numbers when voters provide them, and establish best practices for selling the data and identifying buyers.

One recommendation that is unlikely to be included in the legislation Wednesday would have the state regulate data sellers, such as Aristotle. This would include requiring vendors to give the state a list of its clients, develop procedures for screening buyers and agree to regular and random audits from the state.

Givens was the sole task force member opposed to this recommendation because she said the state doesn't have the resources to implement such regulation.

"In order for regulation to be effective, you have to have effective enforcement. I'm concerned that the secretary of state's office would not have sufficient resources to monitor the industry," she said.