What's the Issue? Why Do I Care?

In Minnesota, law enforcement officers use the state's driver's license database to look up information on suspected violators. Unfortunately, there's also an established culture of cops illegally using the database to creep on people, especially women, by looking at driver's license photos and accessing contact information to get their jollies. The practice has been established through a federal lawsuit recently filed on behalf of Anne Marie Rasmusson, which documents that more than 140 police officers from at least 18 different agencies have used the database to creep on her violating her privacy. In some cases, those officers used the information to stalk her, solicit her for dates, and encourage other cops including subordinates to creep on her as well. Many other Minnesota citizens routinely have their privacy violated in similar ways, and some claim that virtually all cops do this from time to time.

So even if you're not a hot woman (or hot man) who doesn't like the thought of cops looking at your driver's license photo and having your address, possibly while they're "polishing their weapons," you may have many other reasons to care about this practice. Those include the following:
  • Creeper cops are costing taxpayers money. The bleeding of public funds dedicated to responding to this problem has only just begun. Aside from the time being spent by the Department of Driver and Vehicle Services to audit illegal use of the driver's license database, many local jurisdictions now must dedicate staff and legal resources to this problem. Payouts for financial damages can be expected to follow. It's highly unlikely that Ms. Rasmusson is the only victim of this illegal use of data so more lawsuits and investigations may be in the future. The solution is not to blame the victims. The solution is to deal with the problem.
  • Creeper cops are breaking the law. Inappropriate use of driver's license data isn't just inappropriate. It's illegal under both state and federal law. In fact, under Minnesota law, it's a misdemeanor like DUI, marijuana possession, prostitution, theft, and assault. Thousands of Minnesotans are arrested, handcuffed, searched, jailed, fingerprinted, and sentenced to thousands of dollars in fines, special "classes" and community service for misdemeanor offenses leaving them with criminal records, which can make it difficult to obtain employment and loans. In Minnesota, the penalties for illegal use of driver's license data are very clear:

    13.09 PENALTIES.

    Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter is guilty of a misdemeanor. Willful violation of this chapter by any public employee constitutes just cause for suspension without pay or dismissal of the public employee.

  • Creeper cops are violating people's privacy. This is why the laws exist. It also establishes liability under tort law for agencies to be sued and become responsible to pay monetary damages, which costs taxpayers, not the violators themselves, money that could be used for actual law enforcement or better public uses like education, for example. In addition, most health care professionals seem to understand the importance of data privacy laws and practices. Why don't cops?
  • Creeper cops are exploiting the public trust. Cops are paid to protect public safety, not to creep on private citizens. This practice diverts cops from their actual duties such as, for example, solving crimes. Ever wonder why it's so unlikely that someone who steals property from your house or car will ever get caught?
  • Creeper cops are being hypocrites. Just because cops are entrusted with enforcing the law, that doesn't make them above the law. There's a clear data trail for all of these crimes and a three year statute of limitations. So why aren't the cops, many of whom are multiple offenders, being prosecuted? Are they going to claim they weren't aware of the law? Hmmm, that doesn't seem to work for the rest of us. Ignorance of the law is no excuse, etc. Besides they have received training in the proper use of this data and are warned when they log into systems about their responsibilities.Where are the prosecutors? Are cops being protected by their departments and "internal affairs" divisions? Unfortunately, some of the investigatory practices used by some of the departments can also serve to provide cops with legal cover from their crimes. These charges probably should be investigated by outside prosecutors who aren't part of the culture of cops protecting their own.

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