Colorado Task Force on Information Technology

Minutes of Meeting on

March 30, 2001

(As approved by Board)


The meeting of the Colorado Task Force on Information Technology ("Task Force") was called to order by Donnetta Davidson, Colorado Secretary of State, at 2:00 p.m. on March 30, 2001 at the offices of McKenna & Cuneo, L.L.P., Denver, Colorado.

Present were Chairman of the Task Force, Ms. Donnetta Davidson, Colorado Secretary of State, State Senator Kenneth Gordon, State Representative Matt Smith, Dr. Steven Lucas, Kathy Krause, Ron Binz, Joe Dickerson, Amy Redfern, James Ginsburg, Al Dominguez, Mary Pat Adams, and Bill Miller. Also present was Dana Williams, Administrative Assistant to Ms. Davidson and I. Thomas Bieging, counsel to the Privacy Task Force. The meeting was recorded by tape.

Ms. Davidson opened the meeting and requested approval of the Minutes of the Meeting of February 16, 2001. Upon motion duly seconded and carried, the Minutes of the Meeting of February 16, 2001 were approved as prepared. There was discussion among the Task Force members regarding the detail of the minutes. Members of the Task Force suggested that the minutes need not include the level of detail which have been previously provided.

Ms. Davidson reviewed with the Task Force the letter she received on March 29, 2001, from Theodore D. Hotham, Regional Director, Government Relations, of Polk. Ms. Davidson called upon Mr. Hotham to address the members of the Task Force. Mr. Hotham advised the members of the Task Force that Polk does not engage in the matching of data in their files with Internet profiles of customers for commercial purposes. Ms. Davidson and the Task Force thanked Mr. Hotham for his input and clarification regarding the nature of the business of Polk.

Ms. Davidson advised the Task Force of a meeting which had occurred the prior day with members of the Legislature and Executive Branch regarding direct marketing activities. Present at that meeting were representatives of the Direct Marketing Association who spoke on the issues of identity theft and data collected by direct marketers. Dr. Lucas expressed the concern that the Direct Marketing Association, as a representative of business, may not be supportive of consumer-oriented legislation relating to privacy. Task Force members agreed that it would be helpful to have presentations at the next meeting from representatives of the Direct Marketing Association and individuals knowledgeable about consumer privacy issues. The Task Force instructed Mr. Bieging to make efforts to arrange presentations addressing direct marketing activities and identity theft at the May meeting.

Task Force members then discussed the significant issues they had identified as a result of information collected over the last several meetings. Issues identified included:

  1. A recognition that no simple legislation would likely solve issues related to privacy.
  2. A recognition that the Task Force may benefit from one or more public hearings regarding privacy issues.
  3. A recognition that information from counties, special districts and cities may be required in order to formulate legislation.
  4. An inquiry as to whether the electronic medium should have the same treatment as other mediums or industries relating to privacy issues.
  5. Recognition of the difficulties associated with enforcing any legislation relating to privacy.
  6. Inquiry as to whether there is any unique aspect to Colorado’s citizenry and how it needs to be protected.
  7. A need to ensure that the Internet remains a frictionless medium, while at the same time enacting adequate consumer protection laws.
  8. A recognition that part of the Task Force’s mandate is to increase public education relating to privacy in the era of enhanced technologies.

The Task Force then discussed the status of the privacy laws under Gramm-Leach-Bliley relating to financial institutions and HIPPA relating to medical privacy. The consensus of the Task Force was that these two areas should not be the subject of further scrutiny by the Task Force in light of the consensus that existing legislation and regulations in these areas should be allowed to run their course before the state considers actions in these areas.

The Task Force then broke into groups and reviewed the responses by various regulatory agencies of the state regarding their treatment of consumer information. The agencies reviewed included the Department of Public Safety, Department of Human Services, Department of Public Health and Environment, Department of Local Affairs, Department of State, Division of Natural Resources, Department of Revenue, Department of Military Affairs, Department of Education, Department of Corrections and Colorado Department of Transportation. The information provided by each of the agencies will be retained in the Task Force records for further consultation and review.

The Task Force then scheduled its next two meetings for May 21, 2001, at 2:00 p.m. and June 25, 2001, at 2:00 p.m.

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