IE 11 Not Supported

For optimal browsing, we recommend Chrome, Firefox or Safari browsers.

Wyoming Lawmakers Consider Privacy, Open-Gov Protections

The proposed amendment states that individual privacy is "essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."

(TNS) — CHEYENNE — Lawmakers are considering a plan to add both privacy and open-government protections to Wyoming's Constitution. The Legislature's Task Force on Digital Information Privacy has voted unanimously to endorse the change to the state's Constitution.

The move is the first of several steps before the proposal could be considered during the 2016 session and then potentially put on the ballot during next year's general election.

The proposed amendment was approved by the task force last week. It states that individual privacy is "essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."

It goes on to say that the amendment "will not deprive a person of any right provided by law to examine documents or to observe the deliberations of an agency or political subdivision of the state, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure."

This second provision was added after press and open-government advocates argued the amendment could be used to prevent public information, such as criminal records of public officials, from being released

"While I understand the concerns (behind the need for the amendment), the potential for abuse is too big," said Jim Angell, executive director of the Wyoming Press Association.

Sen. Chris Rothfuss, D-Laramie, is co-chairman of the Task Force on Digital Information Privacy. He said he didn't think the open-government provision was needed. But he said he agreed to include it as a compromise.

"I was sensitive to the interests that expressed that they didn't want it to interfere with the Public Records Act," he said.

"I think we came up with a compromise that everyone can support."

The proposed amendment - without the open-government section - was considered but ultimately defeated during this year's legislative session. Rothfuss said he and other lawmakers believe it's important enough for it to have a second chance.

"It goes back to fact that we are seeing a lot of concerns about privacy in a rapidly changing landscape that is trying to keep pace with technological advancements," he said.

He added that it is needed because there are no explicit privacy protections in the state's Constitution and little protection in statutes.

Rothfuss said this means that the state, for example, could sell residents' driver's license information to private businesses.

But Bruce Moats, a Cheyenne lawyer who specializes in public access matters, said he doesn't think the amendment is necessary.

Moats said the U.S. Constitution already guarantees privacy protections for citizens. And he said the U.S. Supreme Court and the Wyoming Supreme Court both consistently have recognized there is a right to access public records.

"I don't know how the proposed amendment to the state's Constitution will play out," he said. "But because of the rule of unintended consequences, I'd rather things stay the way they are."

But Moats said if the state does want to consider the amendment, he is happy the open-government language is included as part of it.

The proposed amendment will next be considered by the Legislature's Joint Corporations, Elections and Political Affairs Interim Committee. That group will decide whether to sponsor a bill for next year's session.

If it is considered by the full Legislature, it will need to pass two-thirds votes in both chambers for the proposal to go before voters during the 2016 general election.

What's next?

The Legislature's Joint Corporations, Elections and Political Affairs Interim Committee will next consider the proposed privacy/government access amendment. That group is next scheduled to meet Sept. 8-9 in Buffalo.

©2015 Wyoming Tribune-Eagle (Cheyenne, Wyo.), Distributed by Tribune Content Agency, LLC.