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This seems so wrong on so many counts I am at a loss for [printable] words.
Georgia Supreme Court Rules that State Has No Obligation to Protect Personal Information
Almost exactly one year after the stringent European General Data Protection Regulation came into effect (May 25, 2019), the Supreme Court of the state of Georgia has ruled (May 20, 2019) that the state government does not have an inherent obligation to protect citizens' personal information that it stores.
The ruling relates to a case that dates back to 2013. A Georgia Department of Labor employee inadvertently emailed a spreadsheet containing the names, Social Security numbers, telephone numbers and email addresses of 4,457 people who had applied for benefit to about 1,000 people.
Thomas McConnell, whose details appeared on the spreadsheet, filed a putative class action against the Department of Labor, alleging negligence, breach of fiduciary duty, and invasion of privacy. That case has progressed through the legal system to the Supreme Court, and has been dismissed (PDF).
While the Supreme Court has not ruled that there can never be an obligation to protect citizens' data, it has ruled that the obligation is not automatic -- and in the McConnell case, there were no separate requirements to provide the obligation.
McConnell had alleged negligence, breach of fiduciary duty, and invasion of privacy by public disclosure of private facts by the Department of Labor. Each of these claims has been rejected. The first to go was 'negligence' -- dismissed because there is no requirement in law to protect the data of benefit claimants. Furthermore, McConnell's claim that Georgia recognizes a "common law duty 'to all the world not to subject others to an unreasonable risk of harm'" (Bradley Center, Inc. v. Wessner; 1982) does not, according to this ruling, set a precedent.
Furthermore, the existing identity theft statute does not explicitly require anything from data storer, while the statute restricting disclosure of social security numbers only applies to intentional disclosures and not accidental exposures as appeared here.
The fiduciary duty claim was then dismissed because no public officer stood to gain from the incident, and there was no special relatoinship of confidence between McConnell and the Department.
Finally, the allegation of an invasion of privacy was rejected. The Supreme Court ruled that "the matter disclosed included only the name, social security number, home telephone number, email address, and age of individuals who had sought services or benefits from the Department. This kind of information does not normally affect a person's reputation, which is the interest the tort of public disclosure of embarrassing private facts was meant to remedy."
[...] Venkat Ramasamy, COO of FileCloud, agrees: "Of course, public institutions should care and protect their stakeholders' data (I would say it is a reasonable expectation -- very similar to protecting the rights of personal property, freedom of speech and so on). I think it is high time to have federal privacy law which can be modeled after the California Consumer Protection Act (CCPA)."
Related: One Year on, EU's GDPR Sets Global Standard for Data Protection
Related: State vs. Federal Privacy Laws: The Battle for Consumer Data Protection
Related: Marco Rubio Proposes New Federal Data Privacy Bill
Related: With No Unifying U.S. Federal Privacy Law, States Are Implementing Their Own
(Score: 2) by Revek on Saturday May 25 2019, @07:08PM (5 children)
They protect them from free publication.
This page was generated by a Swarm of Roaming Elephants
(Score: 0) by Anonymous Coward on Saturday May 25 2019, @07:32PM (3 children)
The USA IS the land of the free.
In NZ we have a specific Privacy Act and it seems to work very well.
We also have the Official Information Act which stops pollies from hiding their shit from the sunlight. They keep trying to do so, but almost always lose.
(Score: 5, Informative) by Revek on Saturday May 25 2019, @07:50PM (1 child)
We haven't been the land of the free in a long time. That was replaced with the land of the fee.
This page was generated by a Swarm of Roaming Elephants
(Score: 1, Funny) by Anonymous Coward on Saturday May 25 2019, @10:48PM
Unfortunately we had to drop the "r" due to budget cuts. These was no money left over after surveillance and voter suppression efforts got their funding.
(Score: 0) by Anonymous Coward on Tuesday May 28 2019, @07:27PM
And all you had to do was trade away your freedoms. You have free speech and media, so long as government doesn't disagree with you. You can have guns if the police think you should be able to, and if they don't think you should then you won't. You seem to have little protection against the whims of politicians riding today's tragedies. And the exemptions in your Official Information Act are even more widely ranging than those in FOIA, including, "9(2)(g)(i) To maintain the effective conduct of public affairs through the free and frank expression of opinions by or between or to Ministers of the Crown or members of an organisation or officers and employees of any department or organisation in the course of their duty; or 9(2)(g)(ii) To maintain the effective conduct of public affairs through the protection of such Ministers, members of organisations, officers, and employees from improper pressure or harassment." So IF it would keep your Lords from communicating or make government inefficient then a request may be refused. In short, you'll never hear about the ones when you lose because your system is rigged to cover them up.
(Score: 4, Funny) by JoeMerchant on Saturday May 25 2019, @10:01PM
They protect the status-quo. There's a good company there, lots of good people in it, who publish the state laws, and this internet nonsense is gonna put them out of business unless somebody does something about it.
Similarly, it's just not practical to train the government workers on how to adequately protect personal information, hell, it's hard enough to get them to do their jobs adequately without worrying about protection of personal information. We can't have any namby-pamby Joe Schmo who thinks because the Europeans got some privacy rights about their information that anytime an honest government worker makes an honest mistake and accidentally publishes some personal information that it's an instant payday for them in the courts. Hell, make a law and put an end to this nonsense before it gets started!
/s Thanks for visiting Georgia. Y'all come back real soon.
Україна досі не є частиною Росії Слава Україні🌻 https://news.stanford.edu/2023/02/17/will-russia-ukraine-war-end
(Score: 2, Informative) by fustakrakich on Saturday May 25 2019, @07:14PM (3 children)
Puts the onus on the legislature then. It's gonna take some real pressure. Wouldn't know where that will come from.
La politica e i criminali sono la stessa cosa..
(Score: 2) by hemocyanin on Saturday May 25 2019, @08:37PM (2 children)
Exactly. To get by sovereign immunity, the state must intentionally decide to make itself subject to lawsuit. It merely appears that GA hasn't made itself subject to this kind of lawsuit. Whatever the EU law may be, or Japan's law, or Zimbabwe's law -- is irrelevant.
(Score: 0) by Anonymous Coward on Saturday May 25 2019, @08:54PM (1 child)
You have to provide the data to the state. Currently the state has no incentive to protect it in any way. Why should they voluntarily hobble themselves managing their livestock?
(Score: 0) by Anonymous Coward on Saturday May 25 2019, @10:51PM
They damn well better protect that data. They manipulate it up or down depending on how they want to spin things to us cattle. If the truth gets out they may be in for the horn end of a bull.
(Score: 0) by Anonymous Coward on Saturday May 25 2019, @07:18PM (2 children)
what kind of stupid @#%$ keeps this data in a spreadsheet? the same type that "accidentally" emails it to 1000 people, i guess.
(Score: 0) by Anonymous Coward on Saturday May 25 2019, @10:53PM
Probably 1000 people in the "To" field rather than the "BCC" field.
(Score: 1, Funny) by Anonymous Coward on Sunday May 26 2019, @03:06AM
The kind of stupid @#%$ that works on a government salary because they aren't Superman and are stuck doing some custom task that none of the existing databases can do or do easily, adding that functionality to any of the databases would take years of change requests, requirements gathering, approvals, project planning, project implementation, task assignments restarting as IT staff turnover, documentation, testing, bug fixing retesting, which is all likely to be rejected for a small 4,457 records, and all of that is moot because the database is going to be totally re-written in [insert irrelevant buzzword here] starting any day now and the higher ups expect it will only take six months and will, of course, include that functionality as well as the ability to slice bread.
So they use the tools they have available to them, which boils down to Microsoft Excel and possibly Microsoft Access. However, even if they have any idea how to use Microsoft Access, that treads awfully close to "programming", which is not their job unless they are part of the almighty IT Division, and could therefor even border on "using unauthorized software". So Excel it is.
And click the wrong button or not limit a list because there are zillion more things to do before the end of the day.
(Score: 0) by Anonymous Coward on Saturday May 25 2019, @07:55PM (2 children)
I was hoping this was about Georgia [wikipedia.org] but I guess this actually points to Georgia [wikipedia.org]...
Of course the population of the US only knows at most 1 of these so we shouldn't be too angry about the ambiguity.
(Score: 2) by Runaway1956 on Saturday May 25 2019, @08:21PM (1 child)
You momentarily confused me. The article repeatedly mentions "state of Georgia", and the names sound English/American. Yeah, I'm quite aware of Georgia in the Caucasus, but everything in the article looked, sounded, and smelled American. Why would you read the article, and think of the Caucasus? You were "hoping" - hoping for what?
Abortion is the number one killed of children in the United States.
(Score: 0) by Anonymous Coward on Sunday May 26 2019, @06:02AM
The word state itself is somewhat ambiguous state [wikipedia.org] vs. state [wikipedia.org].
(Score: 1, Insightful) by Anonymous Coward on Saturday May 25 2019, @09:35PM (1 child)
Who exactly is happy with this decision, even if one worked for Georgia government? This decision means nobody in Georgia state has protection against personal info leaks. Next, leak some high profile Georgia state official's information.
(Score: 0) by Anonymous Coward on Saturday May 25 2019, @09:59PM
Indeed. This may be the *only* way to get them to understand. Leak the PII of some of these jokers and then they might finally see the light. I would start with the governor and the legislature; for good measure, I might suggest leaking the PII of all the judges on their supreme court.
(Score: 2) by PinkyGigglebrain on Saturday May 25 2019, @10:01PM (2 children)
File a FOIA to get the home addresses of all the judges who supported this ruling.
When they say "Hey! you can't do that" you get to point at their own ruling.
Of course then they will pull some legal bullshit spin about how their ruling only applies to the general public's info and not government employees.
"Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."
(Score: 2) by Whoever on Saturday May 25 2019, @10:14PM (1 child)
Why do you think that the Video Privacy Protection act exists?
(Score: 2) by PinkyGigglebrain on Saturday May 25 2019, @11:50PM
If I knew what it was I'd be able to answer that :)
brb
....
....
Wow, passed in 1988, no wonder I hadn't heard of it. Lets see, prohibits release of video rental records, yada, yada, blah, blah, ....
tldr
here is the Wiki on it [wikipedia.org] for anyone who wants.to read it and has time to waste.
I guess it must have some relevance to this if you brought it up. So I guess my idea wouldn't work :(
Oh well.
"Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."
(Score: 0, Redundant) by RandomFactor on Saturday May 25 2019, @10:20PM (5 children)
FREE MARKET
In a competitive environment, the public may barely forgive a large public company once for a significant data breach, if it is handled correctly. Two+ breaches and you can start writing that company off.
vs.
GOVERNMENT (a form of monopoly)
Piss off, and like it.
.
.
.
It's a spectrum of course, but this is one of the core problems of government agencies and bureaucracies, and why growth and additions to government should generally be opposed for the benefit of mankind.
В «Правде» нет известий, в «Известиях» нет правды
(Score: 1, Insightful) by Anonymous Coward on Saturday May 25 2019, @11:36PM (4 children)
LMAO - take care not to fall out of bed during that wild dream of yours.
Not only FB leaked personal data to third parties, but has done it repeatedly, willingly and for their profit.
Ah, yes, I see in a competitive environment. Still a wild dream, tho.
A question for you: who protects you against the monopolistic behavior?
(Score: 1) by RandomFactor on Sunday May 26 2019, @12:07AM (3 children)
So your rebuttal is an agency founded over 100 years ago?
В «Правде» нет известий, в «Известиях» нет правды
(Score: 0) by Anonymous Coward on Sunday May 26 2019, @03:57AM
Open question.
Feel free to answer it, 'cause "the monopolist" as the answer is surely the wrong one.
(Score: 1, Insightful) by Anonymous Coward on Sunday May 26 2019, @04:03AM (1 child)
So, what's wrong with "agency founded over 100 years ago"? The "agency" or the "over 100 years ago" or what?
Q: should I get that you don't trust your constitution because it was written by political creatures more than 200 years ago?
(Score: 1) by RandomFactor on Sunday May 26 2019, @01:29PM
It's just humorous you couldn't find anything recent.
Your entire statement was a fallacy anyway. Yes, the purpose of the FTC is to promote competition. That's a good thing. But it isn't related to the original statement.
Reread it. It did not say 'government agencies don't have good purposes' (that's a whole different discussion)
The FTC is not working in a competitive space itself, and does not operate as such.
Or you are saying that the FTC is a model of efficiency and responsiveness in the same way Home Depot, Ace, and Lowe's are?
В «Правде» нет известий, в «Известиях» нет правды
(Score: 2) by realDonaldTrump on Saturday May 25 2019, @11:41PM (6 children)
And hopefully the other States will do the same. We really needed this when we tried to get the Voter Records. For my Voter Fraud Commission. And so many States told us "no." It was going to take an incredible number of Law Suits to get those. Believe me, we would have won -- totally and completely. If we filed those. But with the Phoney Russia Witch Hunt going on, it was going to be too much. Perhaps I'll get that Commission together again. Now that I have time to do the job you (EC) elected me for. And we're looking into giving me an extra 2 years in Reparations. Another 2 years on my 1st. Term. To make up for the 2 years I lost!!!!
(Score: 4, Touché) by Pslytely Psycho on Sunday May 26 2019, @04:00AM (4 children)
My state couldn't comply with your partisan VFC. We don't know who voted for whom. Our votes are sealed, our name recorded as voted, unsealed, the inside envelope put in with all the other totally anonymous yellow envelopes and then counted. Our vote here is SECRET. Only who voted is notated, nothing else.
As far as a do over, OK, but due to Cocaine Mitch determining he would make Obama a one-term president and obstructing everything, how bout we give him a six year do-over first? You know, just to be fair.
Don't worry '[UN]sTabLe gEniUs [IDIOT] you, your criminal family and your paid for IMMIGRANT trophy wife get to go home in 2020. She does look hot though!
https://www.gq-magazine.co.uk/article/donald-trump-melania-trump-knauss-first-lady-erections [gq-magazine.co.uk] (no actual fully nekkid pics, seems those are all behind paywalls)
Alex Jones lawyer inspires new TV series: CSI Moron Division.
(Score: 2) by realDonaldTrump on Sunday May 26 2019, @09:51AM (3 children)
First of all. My Voter Fraud Panel wasn't Partisan. It was BIPARTISAN. With some very fine people from BOTH SIDES. Very distinguished people.
And second of all. We didn't ask who you voted for. Never ever asked that. Only your Name. Your Address. Birthday. Social Security #(last 4). Criminal Record( the Felonies). And, what elections did you vote in. Very simple request. Very easy to answer that one. But I'll tell you, the answers weren't great. Some told us "no." Some asked for money -- so incredible! And some gave us part of the Information. NOBODY gave us the full Voter Information. So we would have had to sue every single State. While so many investigations were going on against your, and my favorite President. I always sue. And I always win. But at that time it would have been a little too much.
(Score: 2) by Pslytely Psycho on Sunday May 26 2019, @01:19PM (2 children)
God you're so much fun. You have it down so well....
Alex Jones lawyer inspires new TV series: CSI Moron Division.
(Score: 0) by Anonymous Coward on Sunday May 26 2019, @08:44PM
For my part, I think the shadows are getting long and it is well past his time to dance gracefully off the stage. Just sayin'.
(Score: 0) by Anonymous Coward on Sunday May 26 2019, @08:54PM
No, it is drifting farther and farther from sounding like trump. Never liked the account myself, but esrly on it was much closer to Trump-like. Now it just throws in some obligatory sentences to try and maintain the facade but too many big words and coherent paragraphs. The occasional coherent sentence might be passablr.
It is almost like the worse thenpotus gets the more sane rdt gets. Probably compensating for the real failure.
(Score: 3, Interesting) by stretch611 on Sunday May 26 2019, @08:59PM
If this is legal, someone should leak Trump's tax returns
Now with 5 covid vaccine shots/boosters altering my DNA :P