Thursday, March 13, 2008

Records Commission Chairman Says County Clerk's SSN Disclosure Is A 'Clear Violation' Of Privacy Act

The chairman of the Oklahoma Archives and Records Commission, Richard Engle, said today the disclosure of Social Security numbers on Oklahoma County Clerk Carolynn Caudill's website is a "clear violation" of the Privacy Act.
Engle, contacted by The McCarville Report Online and asked about the controversy, said, "There's no doubt it is a violation of the Privacy Act. There is no doubt that the county clerk had access to that information. She knows what is appropriate."
Engle said the Archives and Records Commission sets rules but has no authority to take any action.
He explained that the U. S. Privacy Act and state laws prohibit such disclosure but the Archives and Records Commission's only duty is to set rules governing how documents are treated.
He said the posting of Social Security numbers by any governmental subdivision is "a violation of the public trust."
He said the "next step is for the district attorney, attorney general" to consider what action is appropriate.
He said the public disclosure of the numbers creates "an opportunity for a class action lawsuit that obviously would be quite expensive for the county."
Earlier this week, The McCarville Report Online entered the clerk's website and was able to view the Social Security numbers of dozens of prominent residents of Oklahoma County. It appears that tens of thousands of the numbers can be viewed.

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