Information Technology Commission

San Francisco recently declared the existing cryptography regulation unconstitutional because it violated free speech. Ms. Downing advised the Commission that FBI Director, Louis Freeh, told the Senate Subcommittee on September 3, that the FBI preferred to have legislation containing a provision which requires the manufacturers of the encryption products to include a feature giving law enforcement immediate translation of identification.

4.    Review of Potential Privacy Legislation _ Tani Pack Downing, Associate General Counsel, Information Technology Commission, spoke about privacy issues at the federal level. She said the Social Security Administration recently reopened a web site and explained how benefits can be obtained using the web site, but it may not 100 percent secure. She said the FTC is holding workshops on privacy and a group has volunteered to report to the FTC in six months on the issue of unsolicited commercial E-mail. She indicated that the FTC will also study consumer online privacy issues and report to Congress in June 1998, and it will also continue to monitor children's online privacy.

    She distributed a news article from the New York Times titled, "Limited Access to Medical Records Is Urged." She also distributed a handout titled, "UELP - Utah Electronic Law Project."

    Ms. Downing said she has researched the European and Canadian standards of privacy. She also said Europe and Canada have elected not to transfer personal data to third countries unless those countries ensure adequate levels of protection.

    Mr. Hood requested individual privacy ownership be defined. He said a citizen should be able to control the use of individual information that is unique to him.

    Ms. Longsworth suggested it might be helpful to have staff extract information from GRAMA identifying general principles of private information for all records, not only public records of entities.

    Ms. Downing discussed H.B. 263 "Evidence - Access to Patient Records." She said Rep. Curtis, sponsor of the bill in the '97 General Session, volunteered to provide information to the Commission pertaining to the legislation.

    Mr. Capps suggested that the Commission consider studying the issue of unsolicited E-mail.

    Paul Toscano, Attorney, Woodbury & K, said he is searching for ways to handle bankruptcy filings with the Federal Bankruptcy Court by filing pleadings through electronic transmissions. He said technology is sometimes premature, and it is important to allow technicians to solve some technical problems instead of legislators. He recommended legislation

that would regulate against known harm, and also legislation to benefit the state rather than trying to identify the individuals' needs.

     MOTION: Mr. Capps moved that staff draft legislation to outlaw unsolicited E-mail, similar to that of other states. The motion failed on a voice vote.

     MOTION: Mr. Capps moved that staff draft legislation to identify the privacy of E-mail. After discussion, Mr. Capps withdrew his motion but asked that the privacy of E-mail be on a future agenda. Sen. Howell suggested a written resolution rather than a bill.

    Mr. Harmsen requested the issue of "opt in, opt out," relating to privacy, be addressed at the next meeting.

5.    1998-99 (FY99) Information Technology (IT) Budget Format Discussion: What Is The Best Format For Understanding IT Budgets? _ Richard North, Executive Director, Information Technology Commission, addressed the Commission on this issue.
                                                
    Senator Steele said there was concern about the amount of information technology money being spent.

    Mr. Gordon Peterson recommended inviting Doug Richardson, Director of Purchasing, to come before the Commission to offer suggestions for using buying power more effectively.

    Chair Chard identified some purchasing study issues as processes, procedures, and outcomes. Mr. Genereaux requested the year 2000 problem be addressed also. Mr. Ames suggested a strategic plan be studied and implemented.
                                        
    Sen. Howell said he is considering proposing a bill pertaining to electronic voting and asked for Commission review.

     MOTION: Sen. Howell moved to have staff draft a letter to Governor Leavitt in regards to the CIO position asking that the Governor bring any changes needed to the statute in bill form to the Commission in its November meeting. The motion passed unanimously with Rep. Stephens, Judge Jackson, Mr. Harmsen, and Mr. Jerry Peterson absent for the vote.

6.    Committee Business - Membership Update _ Richard North advised the Commission that 14 nominations for the vacancy on the Commission have been submitted.

    MOTION: Peter Genereaux moved to adjourn the meeting at 4:08 p.m. The motion passed unanimously with Rep. Stephens, Mr. Harmsen, Judge Jackson, Mr. Miller, and Mr. J. Peterson absent for the vote.