Good point on the email to foreign entity. I don't think this is specifically addressed but it should be. I know bulk transfer would be prohibited to anyone even if they met the definition of public. There has been some discussion of requiring visiting professionals from outside the jurisdiction to register in person prior to examining the indexes or images provided by the jurisdiction. This seems reasonable to me.
Transfer to foreign countries was addressed very energetically in the public hearings by the commitee when one of the commitee members told a witness specifically they would no longer be able to send our records to India for processing and distribution to China or anywhere else. The commitee overall seemed outraged at the practice of treating our documents as a commodity for world wide trade. Some are appalled this has not been dealt with legislatively before now.
Display over the Internet of any document is prohibited but this was not designed to block email of a specific document. I'm not sure how this can be addressed or controlled outside the bulk transfer aspect. I'm not sure it should.
Other laws would probably come into play if a specific document is knowingly provided to anyone for illegal purposes, no matter how the information was transferred. As a side note this happened recently in Ohio when the Liqour Control Board provided local police with a drivers license. The local police gave the drivers license to an informant so she could apply for a position at a nude bar they were investigating for prostitution. The driver's license belonged to another young woman who was totally unaware her identity was being used.
Under the proposed bill imaging companies are prohibited from selling the information to anyone as they will no longer own or control the images and will be required to acknowledge this in the contracts. The imaging companies shouldn't have a problem with this as they are already being paid to image and store the documents. They shouldn't expect to make additional profits from selling the information they store any more than a warehouse storing paper documents.
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