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Sixty-two commenters commented that revealing personal information
of performers, for example, in the form of their addresses on drivers'
licenses used as identification documents in compliance with this
regulation, is an invasion of performers' privacy and could lead to
identity theft or violent crimes. Forty commenters commented that
including the names and addresses of businesses where the records at
issue are located would similarly lead to crimes against those
businesses. The Department declines to adopt these comments. While the
Department is certainly concerned about possible crimes against
performers and businesses that employ them, the necessity of
maintaining these records to ensure that children are not exploited
outweighs these concerns. Furthermore, specifically regarding personal
information about performers required to be provided to primary
producers, the Department notes that the information required is no
different from that required by other forms of employee or business
records, such as social security numbers and dates of birth required
for tax reporting purposes, emergency contact numbers in case of health
problems, or addresses used to transmit paychecks. Regarding
information about producers, such as their physical location, that
those producers must include in their statements, the Department notes
that producers are already required, under the current Part 75
regulations, to include that information. Finally, regarding personal
information about performers that must be transmitted to secondary
producers, the Department again notes, first, that such information is
already required by the current Part 75 regulations, and, second, that
none of the commenters presented any evidence that a hypothetically
possible crime, such as the stalking of a performer, was in any way
tied to the dissemination of the information about a performer provided
to a producer in compliance with Part 75.
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