First class action settlement in Minnesota data abuse

A week after a judge threw out a class action lawsuit filed on behalf of people whose private data was abused by a state official, an insurance trust has agreed to pay out $2 million—the largest settlement in Minnesota to date—on behalf of about 3,000 people who had their private data accessed by a Rock County child support worker. The Star-Tribune reports that the settlement must be approved by a federal judge. In the wake of the decision, it's unclear what impact the previous ruling will have on the many outstanding cases that have been filed or are anticipated, including other class action suits.

One step back

A federal district court decision announced last week is a setback for individuals who wish to hold government accountable for misuse of their private data. U.S. District Judge Joan Ericksen's decision absolves the State of Minnesota of liability for the actions of John Hunt who allegedly abused the private data of more than 5,000 people while a manager for the state's Department of Natural Resources.

The Strib quotes St. Paul City Attorney Sara Grewing, who can generally be counted on to be delighted with decisions that favor the interests of government over those of citizens, as being "extremely pleased" with the ruling. Effectively, the decision suggests that governmental units won't

The end of the beginning

It may be safe to say that Minnesota's experience with cops abusing private data entered a new phase over the past week. While many private citizens along with a continuing parade of public figures such as TV news anchors have filed lawsuits, there wasn't an indication that anybody in a position to do anything about the problem really cared. That changed when a group of lawmakers including Minnesota House member Steve Drazkowski of Mazeppa started a lawsuit last week.

I'm thinking that when you start pissing off the people who make that laws that govern your existence, you may have reached the point when something actually gets started to address stopping the abuse and perhaps even creating consequences for those who engage in it. As Winston Churchill is quoted as having once said, "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."

Star-Tribune says data abuse lawsuits poised to "swamp" Minnesota cities

The Star-Tribune provided a Sunday front page summary of the 18 lawsuits that have been filed to date against Minnesota jurisdictions over illegal access of driver's license data by police and other public officials. According to the story, the volume of suits has reached volume that's causing city officials to challenge courts about whether such misuse is actionable. Dozens of additional lawsuits are expected, and a federal judge has declined a request to dismiss a suit based on a presumed lack of harm to the plainiff. So it appears so far that violators will be held responsible for their actions. Or at least the taxpayers who have to pay for the violations will be...

Dayton police chief charged with data abuse against fellow town official

The police chief of the city of Dayton Dick Pietrzak, a former Minneapolis cop, has been charged with two misdemeanor counts of abusing private data for looking at records for the community's former city administrator, according to the Star-Tribune. The city administrator has since been fired before the end of her term by the Dayton City Council. I'm not a lawyer, but if I were her, I'd be considering a retaliation lawsuit myself. Dayton taxpayers, hold on to your wallets. This can't end well.

Woman from KSTP-TV claims data abuse by more than 100 cops

According to the Star-Tribune, KSTP-TV investigative producer Beth McDonough has filed suit in federal court claiming that more than 170 law enforcement employees from more than 40 agencies have illegally viewed her private driver's license data more than 500 times in total. Further, she claims that she was warned about the abuse by Minnesota's public safety commissioner Mona Dohman years ago when Dohman served as police chief for the city of Maple Grove and heard cops discussing private information about her among themselves.

Even police union lawyer not immune from data abuse

If you've been following the story of cops abusing driver's license data, you might not be surprised about whose data they have been willing to abuse given that past reports have included fellow cops, supervisors, and private investigators. Even so, this week's allegations by a former lawyer serving a police union demonstrates that virtually no one has been off-limits from this illegal behavior.

According to Twin Cities.com, Brooke Bass who spent six years defending the interests of law enforcement officers for the state's largest police union had her private data accessed more than 700 times by more than 100 entities, primarily law enforcement agencies, across Minnesota. While Bass has not yet filed lawsuits, she has made claims to various agencies. Under state and federal statutes, she is believed to be entitled to damages ranging from $2,500 to $10,000 per violation, which means she could ultimately be the largest claimant to date in this matter.

When will violators be held legally and financially liable for this behavior rather than making taxpayers bear the burden? If even their own lawyer wasn't safe, who is?

Private investigator files suit for data abuse

Yet another lawsuit has been filed against various governmental entities for abuse of the state's driver's license database. The Star-Tribune reported that Hilary DeVary is suing over a reported 166 accesses of her private data. Eleven law enforcement agencies, two state departments, and a federal agency are involved. Many of the unauthorized accesses occured after a newspaper article was published about DeVary seven years ago.

Legislative auditor issues report on data abuse by public officials

The Minnesota Office of the Legislative Auditor has issued a lengthy report on statewide abuses of databases containing private data by public officials. The report details the types of databases available, authorized and unauthorized uses, patterns of misuse, recommendations for change, and considerable other information discovered by the authors.

New lawsuit over improper data access

The Star-Tribune reported on February 15 that another lawsuit has been filed for improper data access by a public employee. In this case, it's related to an unnamed Minnesota Department of Human Services employee who accessed data improperly more than 1,100 times. The suit is requesting class-action status and brings to a total nine separate suits that have been filed in the matter.

DNR official charged for massive privacy violations

A former Department of Natural Resources administrative manager who accessed private data more than 19,000 times over five years has been criminally charged with crimes including misconduct of a public employee, unauthorized computer access, unlawful use of data, and using encryption to conceal a crime, according to TwinCities.com.

John Austin Hunt, 48, of Woodbury was Thursday, Feb. 7, in Ramsey County District Court accused in six misdemeanors or gross misdemeanors. Olson reportedly looked up more than 5,000 individuals, more than 90 percent of whom where women including many other public officials and local celebrities. Hunt was a manger in the DNR's enforcement division.

The bureaucrats are eating their own: another former Minnesota official is suing over accesses of private data

A former Minneapolis regulatory services official is suing over allegedly illegal accesses of her protected driver's license data according to a January 4 story on TwinCities.com.

Hennepin County Sheriff unable to gain access to driver's license accesses on himself

Even law enforcement officials are having difficulty gaining access to information about who's accessing their private driver's license data in Minnesota based on a January 7 report in the Star-Tribune.

Minneapolis settles for nearly $400,000

The largest jurisdiction that hadn't already settled its claims in the lawsuit for illegal driver's license data accesses will pay out nearly $400,000 for the behavior, according to the Star-Tribune. The Minneapolis City Council approved its settlement offer on Nov. 2 bringing total taxpayer-funded payouts in the suit to more than $1 million dollars. Minneapolis' payout will be the largest paid by any individual jurisdiction in the suit.

Settlements in illegal data privacy violations to total over $665,000

According to the Star-Tribune, all jurisdictions except Minneapolis have reportedly reached settlements with Anne Marie Rasmussen in her lawsuit against Minnesota police for illegally accessing her driver's license photo and other data. The toll to taxpayers is now estimated at $665,000.

St. Paul poised to pay out $385,000 in taxpayer funds to pay for illegal driver's license accesses by 61 cops

MinnPost reports that the St. Paul City Council will vote on October 17 on a $385,000 payout to Anne Marie Rasmussen to settle claims that 61 of the city's police officers illegally accessed her driver's license photo and record. If approved, the payout will be made out of the city's own funds generated, of course, by taxpayers.

The payouts would address 226 separate accesses of Rasmussen's records by St. Paul cops or more than $1,700 per incident, which is less than the statutory minimum per incident of $2,500. At that rate, the city will be paying about $70,000 for more than 40 accesses by one officer, Candice Jones, alone.

According to the story, St. Paul police will not divulge information about disciplinary action, if any, taken against the officers. However, it's safe to assume that such discipline has not included, at least not yet, filing criminal charges against the officers as has already occurred in the case of two Minneapolis housing inspectors. If more than 40 violations aren't enough to warrant charges, it's difficult to imagine what it might take.

Amended Complaint Names 144 Cops as Defendants in Rasmusson Lawsuit; Two Minneapolis Officials Face Gross Misdemeanors

Anne Marie Rasmusson's attorney filed an amended complaint in federal court on Friday and probably ruined the weekend of more than 100 Minnesota cops in the process. The 186-page filing provides a wealth of additional detail obtained in the legal discovery process including the names of 144 law enforcement officers, their departmental affiliations, and in many cases, details about when they illegally accessed Rasmusson's driver's license photo and what disciplinary action (if any) has been taken against them.

The release of names while Rasmusson's attorneys are in settlement talks with the defendants is interesting in that it removes any prospect of individual defendants or their agencies of "buying anonymity" for the officers who have committed these offenses. At the same time, some agencies have made it clear how lightly they are treating the behavior at least for members of law enforcement. The Star-Tribune quotes a Minneapolis police spokesman as reporting that no Minneapolis officers have been disciplined for their actions:

A Minneapolis police spokesman, Sgt. Steve McCarty, said the department found that some officers had accessed the data inappropriately, but that no one was disciplined because they had no "ill intent." Officers were required to undergo coaching.

That's very interesting in light of the week's other developments in which two Minneapolis civil officials have been placed on administrative leave and are facing gross misdemeanor charges for the same behavior involving the same woman. The many St. Paul officers involved are reportedly receiving similarly insignificant wrist-slaps. Apparently, police internal affairs officers and prosecutors are experts in detecting "ill intent," and it appears to only happen when people are not cops.

Double standard, much? I suspect this is an issue that will receive considerable attention down the road as the attorneys for Minneapolis' director of housing inspections Tom Deegan and city housing inspector Michael Karney look into the "Pandora's box" that Minneapolis has opened by hanging two city officials out to dry while completely absolving dozens of cops of the same behavior.

TwinCities.com: "Ex-St. Paul police officer says other cops infringed on her private data, with little fear of discipline"

Another article with background on creepier aspects of police behavior related to use of driver's license data.

TwinCities.com: "Minneapolis: Retired cop: DVS was used against me"

A restraining order was filed on behalf of Anne Marie Rasmusson against a female Minneapolis cop.

TwinCities.com: "Former St. Paul cop sues 100 officers over accessing of her driver's license photo"

Anne Marie Rasmusson's suit is filed in federal court. Attached court filing provides lots of detail about accusations.