|VENABLE, BAETJER, HOWARD &
Including professional corporations
1201 New York Avenue, N.W., Suite 1000
James K. Archibald
April 15, 1997
Re: Data Base Study -- Comment, P974806
These comments, with attached request to participate, are submitted in connection with the Commission's study and Session One Public Workshop: Computerized Data Bases Containing Sensitive Consumer Identifying Information, scheduled for June 10, 1997. They are submitted by James K. Archibald, a civil litigation attorney who has been engaged as such since 1975 with a large law firm (Venable, Baetjer and Howard) based in Baltimore, Maryland and Washington, D.C. Mr. Archibald presently serves as Co-Chair of the Task Force on Technology of the American Bar Association's Section of Litigation.(1)/ These comments, and the attached request to participate, are directed primarily to question 1.9, namely:
The undersigned commentator, like many other civil litigation lawyers, makes extensive use of computerized databases containing information which some consumers may perceive as containing somewhat sensitive identifying information. The cost-effective availability of this information can significantly reduce litigation costs and expedite the resolution of cases. It would be most unfortunate if access to this information were to be significantly curtailed. The information is used by litigators in appropriate ways. The risks of improper uses by litigators appear to be minimal.
The March, 1997 Report of the Board of Governor of the Federal Reserve System to Congress Concerning the Availability of Consumer Identifying Information and Financial Fraud is instructive. The Conclusion to that Report (at 20-21) states:
The undersigned commentator, if selected to
participate, will expand and elaborate on these comments
at the Session One Public Workshop.
April 15, 1997
Re: Data Base Workshop -- Request to Participate, P974806
This letter contributes my request to participate in the Session One Public Workshop scheduled for June 10, 1997. It is made in connection with my written comments submitted concurrently herewith.
1. These comments, and the attached request to participate, presently are those of the commentator/requestor individually. They have been provided to the Section of Litigation for review and consideration, which is ongoing. The Section of Litigation, with over 60,000 members, is a part of the American Bar Association.