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Colorado
Secretary of State
Wayne W. Williams

Picture of Secretary of State Wayne W. Williams

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Picture of the Colorado State Seal.

Colorado
Secretary of State
Wayne W. Williams

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Colorado Task Force on Information Technology

Minutes of Meeting on February 16, 2001
(As approved by Board)

The meeting of the Colorado Task Force on Information Technology ("Task Force") was called to order by I. Thomas Bieging, counsel to the Task Force at 2:00 p.m. on February 16, 2001 at the offices of McKenna & Cuneo, L.L.P., Denver, Colorado. Chairman of the Task Force, Ms. Donnetta Davidson, Colorado Secretary of State, was unable to attend as a result of illness.

Present were State Senator Kenneth Gordon, State Representative Matt Smith, Dr. Steven Lucas, Rick O'Donnell, Kathy Krause, Sarah Rosene, Ron Binz, Joe Dickerson, Amy Redfern, James Ginsburg, Spencer Guthrie, Al Dominguez and David Baker. Also present was Dana Williams, Administrative Assistant to Ms. Davidson. The meeting was recorded by tape.

Mr. Bieging opened the meeting and requested approval of the Minutes of the Meeting of January 9, 2001. Upon motion duly seconded and carried, the Minutes of the Meeting of January 9, 2001 were approved as prepared.

The Task Force discussed how information should be circulated to the Task Force members. It was noted that both members of the Task Force and the public have provided a substantial amount of information for the Task Force's consideration. It was agreed that Task Force members would receive information from Ms. Davidson by e-mail and that documents received by the Task Force should be posted to the Task Force web site if available in electronic form.

Mr. Bieging indicated that consistent with the Task Force's request in January, there would be three speakers presenting the Task Force with information regarding financial privacy, medical privacy, and privacy on the internet.

Messrs. John J. Byrne and Matthew Street, representatives of the American Bankers Association, spoke to the Task Force by way of video conference from Washington, D.C. Messrs. Byrne and Street spoke regarding the current status of financial privacy as represented by the federal statute and regulatory scheme under Gramm-Leach-Bliley Financial Services Modernization Act of 1999. Among the points made by Messrs. Byrne and Street were:

At the conclusion of their presentation and the question and answer period, the Task Force thanked Messrs. Byrne and Street for their input. Copies of the slides provided by the American Bankers Association were circulated to all members of the Task Force.

The second speaker to address the Task Force was Mr. Alex J. Brittin, a partner at McKenna & Cuneo, L.L.P.'s Washington, D.C., office. Mr. Brittin spoke to the Task Force on the topic of the federal statutory and regulatory schemes relating to the Health Insurance Portability and Accountability Act of 1996 (HIPPA). Mr. Brittin presented slides which outlined the applicability of HIPPA. Copies of the slides were presented to all Task Force members. Among the points made by Mr. Brittin included:

Mr. Brittin had reviewed Colorado laws and found them to be fairly stringent in certain areas regarding the privacy of medical information. The state government is precluded from releasing such data and individuals such as nurses and psychologists are prohibiting from disclosing that data. Interestingly, Mr. Brittin noted that there is no Colorado prohibition expressed regarding a physician's disclosure of medical information. There may, however, be licensing penalties associated with the unauthorized disclosure of medical information by physicians. States like California, Wisconsin, and Florida have robust state statutes dealing with the disclosure of medical information.

The Task Force thanked Mr. Brittin for his input.

The third speaker group to speak to the Task Force was Messrs. Steven Keating and Richard Smith of the Privacy Foundation, Denver, Colorado. These gentlemen spoke to the Task Force regarding privacy and technology issues related to the internet. A video was shown to the Task Force that outlined some of the current activities that are taking place which suggest the surrender of identity or privacy by citizens around the world. Messrs. Keating and Smith then conducted a "tour" of a healthcare web site to point out the manner in which commercial entities collect information about users of the web site. Messrs. Keating and Smith pointed out:

The Task Force members thanked Messrs. Keating and Smith for their valuable input.

The Task Force then discussed the date for its next meeting and the topics. It was agreed that the meeting would be conducted on March 15 or March 16, 2001. Among the topics that the Task Force would like to consider are:

There being no further business to come before the Task Force, the meeting was adjourned at 5:15 p.m.