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James K. Archibald
(202) 962-4901
jarchibald@venable.com

April 15, 1997

BY HAND

Secretary
Federal Trade Commission
Room H-159
Sixth Street & Pennsylvania Avenue, N.W.
Washington, D.C. 20580

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:

What are the uses of the information in the data bases? Are there beneficial uses of the information in these databases? If so, please describe. Are there risks associated with the compilation, sales, and use of this information? If so, please describe.

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:

Information about consumers is widely available from both government sources and commercial services. Through technology, many databases can be merged to provide detailed information about consumers. These data have numerous legitimate purposes. . . . Privacy interests should be balanced against the legitimate need for information by law enforcement agencies, businesses, and others in both the public and the private sectors. Care should be taken not to impair the flow of information that is crucial for legitimate purposes.

The undersigned commentator, if selected to participate, will expand and elaborate on these comments at the Session One Public Workshop.

__________________________
James K. Archibald

JKA:ksw

Enclosure

DC2/40861

jarchibald@venable.com

April 15, 1997

BY HAND

Secretary
Federal Trade Commission
Room H-159
Sixth Street & Pennsylvania Avenue, N.W.
Washington, D.C. 20580

Re: Data Base Workshop -- Request to Participate, P974806

Dear Secretary:

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.

__________________________
James K. Archibald

JKA:ksw

Enclosure

DC2/40861

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.