Caudill Faces Class Action Lawsuit

It appears today a class action lawsuit may be filed against Oklahoma County Clerk Carolynn Caudill over the exposure of Social Security numbers on the clerk's website earlier this year.

It is known that several Oklahoma City attorneys are working on a possible lawsuit.

Last March, the Social Security numbers of thousands were found on Caudill's official website. The numbers were contained on numerous documents filed of record in the county and were easily found by anyone with computerized research experience.

Despite the ease with which the numbers could be found at that time, there were no reports of identity theft.

The McCarville Report Online found the Social Security numbers of numerous prominent Oklahoma County residents with ease and in no case did we find a document where the Social Security number had been redacted, or blacked out, as is required under federal law.

Caudill has since had the Social Security numbers redacted. Her primary election opponent, fellow Republican Stan Inman, former county commissioner, has criticized Caudill over the issue.

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Inman Criticizes Caudill Over SSN 'Security Breach'

Oklahoma County Clerk candidate Stan Inman said today that "a recent breach of the public's trust by the Oklahoma County Clerk has cost taxpayers millions of dollars and could potentially leave the county open to lawsuits that could cost taxpayers even more."

State and Federal law enforcement agencies are investigating the legal ramifications of the apparent unlawful publication of more than million social security numbers, tax identification numbers and private information of Oklahoma County residents, Inman said in a news release.

"Carolynn Caudill is to blame for the biggest security breach in Oklahoma County's history. I was taught to do things right the first time, there was no rush to publish these documents. By her very own actions, hiring a firm to go back and redacting the social security numbers is an admission that she has made an egregious mistake," said Inman, a Republican like Caudill, and a former county commissioner.

"This didn't just happen overnight. They've been on the internet for almost two years. It's an ID thief's dream come true," added Inman.

Caudill's office, Inman said, is responsible for the unlawful publishing of the numbers, leaving the county open to lawsuits over potential and real identity theft.

"Publishing almost a million social security numbers on the Clerk's website is likely to lead to lawsuits against the county. The way I read the 1976 amendment to the 1974 privacy act; this is clearly an irresponsible act on the Clerk's part," continued Inman.

"The monies used to correct her mistakes could have been used to fix road and bridges in Oklahoma County. As your next County Clerk, I will not be so frivolous with your personal information and will make sure taxpayers' money is spent properly and effectively," stated Inman.

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Caudill Memo Addresses ID Number Controversy

Oklahoma County Clerk Carolynn Caudill today sent a memo to the Board of County Commissioners as controversy over the existance of federally-protected identification numbers on her website continued.

Caudill's memo says that redaction work by the firm AmCad was "received this afternoon...and by this afternoon redacted documents will be on the County Clerk's web page."

On Wednesday, commissioners approved her request to use HTC Global Inc. to perform redaction services. Today, Caudill said AmCad's contract was awarded in June 2007.

Caudill's memo: This is to give the Board of Commissioners and the citizens of Oklahoma County an update of the County Clerk’s project to redact social security numbers from county property records in the recorder of deeds department.

We will receive the final shipment of redactions from AmCad this afternoon. We are now in the process of placing the redaction coordinates on the documents and by this afternoon redacted documents will be on the County Clerk’s web page.

We are confident in the quality of AmCad’s work from quality assurance checks we performed during the test phase of the project. AmCad has also given us a five year warranty to correct any errors we may find.

We will continue to perform quality assurance on redactions to ensure the highest percent accuracy. The public as always can continue to contact us with a redaction request using our online form if they discover a social security number.

I appreciate the support shown by the Board and other county officers during this long process. The redaction bid with AmCad was awarded on June 20, 2007.

I want to finally assure the Board and the citizens of Oklahoma County that I will continue to work within the law to be proactive on privacy issues while balancing the public’s right to easy and unfettered access to their public records. I have been a leader in this area and am a strong proponent of transparency in government and open records. These records belong to the people.

It is my hope with “Sunshine Week” spotlighting the Open Records Act next week that all across the state open and honest discussions can be held about what legislative changes may need to be made to balance open public records with an individual’s right to privacy.

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County Officials Consider Request That Caudill 'Take Down' Website Containing Protected ID Numbers

Some Oklahoma County officials are considering asking County Clerk Carolynn Caudill to "take down" her website until the redaction of an estimated 870,000 Social Security numbers is completed. And there's new concern being expressed today about other private numbers that appear in documents on her site.

An official said he's surprised Caudill hasn't taken the site down already, although another said shutting the site down would "create chaos" among those who rely on it for document research.

And it's not just the availability of the Social Security numbers that now draws concern; the clerk's website contains millions of documents, some of which contain federally-protected taxpayer ID numbers, employer ID numbers and tax ID numbers.

Availability of the numbers on Caudill's website was revealed earlier this week by The McCarville Report Online.

Caudill has since defended her inaction in redacting the private identifiying numbers, saying the responsbility to do so is that of any agency that files legal documents with her office. But two years ago, while bragging about the posting of the documents online, Caudill indicated the Social Security numbers would be redacted. She made a similar statement a year ago. Only on Wednesday did her request to retain HTC Global, Inc. to redact the numbers reach county commissioners, who approved the $29,900 contract.

Redacting the numbers is to begin immediately, but with so many documents to be processed, there's fear the county is open to lawsuits over possible identity theft or violation of the Federal Privacy Act of 1974 as amended in 1976. That Act prohibits the disclosure of all federal identification numbers.

County commissioners meet next Wednesday. Caudill's website could come up during a public comments section, or in a section reserved for comments by commissioners.

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Caudill Estimates 870,000 SSNs On Her Website

Oklahoma County Clerk Carolynn Caudill estimates there are 870,000 Social Security numbers available on her website. Some of the numbers accessed by The McCarville Report Online are duplicates, involving multiple documents filed in the name of the same person.

She offered the estimate in an interview with news anchor Andrew Speno of Oklahoma City's Fox 25 News. View the interview at http://www.okcfox.com/players/news/top_stories/vid_839.shtml.

Availability of the Social Security numbers became known earlier this week. Caudill says she's not responsible for the apparent violation of the Federal Privacy Act; she says the agencies that file the documents, such as tax liens, uniform financing contracts and other legal documents are responsible because they didn't redact, or remove, the numbers before filing the documents with her office.

However, two years ago when Caudill announced the documents were being uploaded to her website, she said Social Security numbers needed to be redacted; she repeated that need a year ago.

On Wednesday, the Board of County Commissioners approved her request to hire HTC Global to perform the redactions at a cost of $29,990.

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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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From Bad To Worse? SSNs Apparently Provided To Foreign Nationals In Firm's India Office

Concern is being expressed today by the appearance that foreign nationals will be given open access to the Social Security numbers of thousands of Oklahoma County residents under a contract approved by the Board of County Commissioners at the request of County Clerk Carolynn Caudill.

The Social Security numbers are contained in documents posted on Caudill's official website for about two years; it was not until recently, however, that the ease with which the numbers can be obtained was realized. The McCarville Report Online's story on Tuesday was the first public disclosure.

Since then, officials have been contacted by some who are concerned about how easy it is to obtain their Social Security numbers. Among those contacted is Oklahoma County District Attorney David Prater, whose SSN is easily obtained on Caudill's site.

The disclosure of Social Security numbers by any public official appears to be prohibited by federal law.

Caudill defended herself, and the posting of the SSNs, in an interview with Fox 25 News anchor Andrew Speno. View the interview at http://www.okcfox.com/players/news/top_stories/vid_839.shtml.

Despite Caudill's past statements, the numbers have not been redacted, or blacked out or removed, and it was only on Wednesday that her request to hire a firm to conduct the redacting was approved.

The firm recommended by Caudill is HTC Global Inc., based in Troy, Michigan, which uses IT personnel in its foreign offices, including those in China, India and Malaysia, to perform much of its Internet work. The firm's website identifies its office in Chennai, India, as its "base for our offshore project and production work."

An email to R. Ravi Shankar at HTC Global in Michigan asking for information has not yet drawn a response. Other contacts listed for the company in Oklahoma County documents are Natraj Kumar and Rajesh Raghavan.

The company's website provides the following information: "Established in 1990, HTC is an Inc. 500 Hall of Fame company offering proven information technology solutions to our global customers. As a leading information technology solutions provider, we help our customers reach out to their clients, employees and suppliers through cutting edge technology solutions built with SEI-CMM Level 5 and ISO-9001:2000 compliant processes. We are based in Troy, Michigan. We have international offices in Sydney (Australia), Singapore, Mumbai and Bangalore (India), and Kuala Lumpur (Malaysia). Our Global Delivery Center in Chennai, India provides the base for our offshore project and production work. Staffed by a team of highly qualified and experienced professionals, HTC offers business specific solutions in the following verticals - Automotive and Manufacturing, Healthcare, Insurance and Finance, Retail, Technology, Publishing, Government , Telecom, and Energy and Utilities. HTC is a certified Minority Business Enterprise recognized by the Michigan Business Development Council (MMBDC)."

HTC Global, documents on file at the county show, is charged with reviewing any redactions made by a previous vendor, AmCad. The documents do not appear to contain any requirement that the records provided HTC Global be kept confidential. There is reference to the information being provided via a "secure" server.

Stan Inman, former county commissioner who is a candidate for the Republican nomination for county clerk against Caudill, said the firm's foreign connection "makes this a worldwide disgrace."

He said providing the Social Security numbers is an "ID theft goldmine."

"This opens the county up to lawsuits about ID theft," Inman said of the posting of the numbers. "Once out, you can never get them back."

Inman said, "The scary part of it (use of the company with worldwide technicians) is that anyone can get a Social Security number and get into this country."

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Caudill Blames Document Filers For SSN Revelations

Oklahoma County Clerk Carolynn Caudill tells Oklahoma City's Fox 25 News that she's not to blame for documents on her website that reveal the Social Security numbers of thousands of Oklahoma County residents.

Caudill said the blame rests with those who file the documents.

Caudill reacted to questions from Fox 25's Andrew Speno following Tuesday's revelation on The McCarville Report Online that the Social Security numbers could easily be found on her website.

Caudill acknowledged she said more than a year ago that the numbers needed to be redacted and that she promised two years ago when the documents were uploaded onto her site that the numbers should be redacted.

Oklahoma County Commissioners on Wednesday approved Caudill's request to hire a Michigan firm to redact the Social Security numbers.

Former County Commissioner Stan Inman, who is running for the clerk's office this year, told Speno the cat's already out of the bag and anyone who wanted to obtain Social Security numbers has long had the opportunity to do so. He described the posting of the documents with the numbers included as "irresponsible."

Watch Speno's interview at http://www.okcfox.com/players/news/top_stories/vid_839.shtml.

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Oklahoma County Clerk's Records Reveal Social Security Numbers; Carolynn Caudill Seeks Redaction Service

The Social Security numbers of thousands of Oklahoma County residents are available on County Clerk Carolynn Caudill's website to anyone who wants to look, apparently in violation of federal law.

The numbers are contained on numerous documents filed of record in the county and are easily found by anyone with computerized research experience.

Despite the ease with which the numbers can be found, there are no reports yet of identity theft as a result so far as could be determined.

The McCarville Report Online found the Social Security numbers of numerous prominent Oklahoma County residents with ease and in no case did we find a document where the Social Security number had been redacted, or blacked out, as is required under federal law.

In December 2006, The Oklahoman reported on Caudill's efforts to make all county records available online. The story, in part: Almost all of some 8.7 million documents — 17 million pages — are online, from mortgage documents, mineral deeds, liens and other legal "papers,” from original land patents granted after the Land Run of 1889 to last week’s property deals, said Mark Mishoe, chief deputy for County Clerk Carolynn Caudill. Universal Commercial Code documents, business and financial filings used to secure collateral, also are online for the entire state, since by statute most UCC filings in Oklahoma go to the Oklahoma County clerk. It’s taken five years, but Caudill said people in real estate and the oil-and-gas business, among others, say the process has been worth it. The conversion cost about $2.5 million — from a $5 fee assessed since 2000 on most documents filed.

While the Social Security numbers appear to have been available for several years on the clerk's site, it's been only recently that others have discovered them. Those discoveries apparently resulted in protests made to Caudill, who at tomorrow's Board of County Commissioner's meeting will request a requisition of almost $30,000 to hire a firm to begin redacting the numbers.

The board's agenda contains this item:

28. Discussion and possible action for approval of Statement of Work, HTC Global Services Inc., Redaction Quality Check Services. The scope of this project is to perform the quality check services on the redacted images provided by AMCAD and deliver the updated CVS files along with reports. Requisition No. 10807356 has been issued to HTC Global Services, Inc. in the amount of $29,900.00 from County Clerk’s Records Mgmt. & Preservation Fund/County Clerk/Professional Services Other (1152/1700/54455), contingent upon encumbrance of funds. Requested by Carolynn Caudill, Oklahoma County Clerk, and approved as to form and legality by John M. Jacobsen, Assistant District Attorney. (Document Received)

The Federal Privacy Act was amended in 1976 to require that Social Security Numbers be kept confidential by the local, state and federal government agencies that collect them and that the SSN not be disclosed, and it provides the same penalties for unlawful disclosure as for disclosure of a federal tax return:
1976 AMENDMENT TO THE FEDERAL PRIVACY ACT OF 1974
42 U.S.C. '405(c)(2)(C)
(i) It is the policy of the United States that any State (or political subdivision thereof) may, in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction, utilize the social security account numbers issued by the Secretary for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such State (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the social security account number (or numbers, if he has more than one such number) issued to him by the Secretary.
(v) For purposes of clause (i) of this subparagraph, an agency of a State (or political subdivision thereof) charged with the administration of any general public assistance, driver's license, or motor vehicle registration law which did not use the social security account number for identification under a law or regulation adopted before January 1, 1975, may require an individual to disclose his or her social security number to such agency solely for the purpose of administering the laws referred to in clause (i) above and for the purpose of responding to requests for information from an agency operating pursuant to the provisions of part A or D of subchapter IV of this chapter.
(vii)(I) Social security account numbers and related records that are obtained or maintained by authorized persons pursuant to any provision of law, enacted on or after October 1, 1990, shall be confidential, and no authorized person shall disclose any such social security account number or related record.
(II) Paragraphs (1), (2), and (3) of section 7213(a) of Title 26 shall apply with respect to the unauthorized willful disclosure to any person of social security account numbers and related records obtained or maintained by an authorized person pursuant to a provision of law enacted on or after October 1, 1990, in the same manner and to the same extent as such paragraphs apply with respect to unauthorized disclosures of returns and return information described in such paragraphs. Paragraph (4) of such 7213(a) of Title 26 shall apply with respect to the willful offer of any item of material value in exchange for any such social security account number or related record in the same manner and to the same extent as such paragraph applies with respect to offers (in exchange for any return or return information) described in such paragraph.

Easily located on Caudill's site were the Social Security numbers of television news anchors, public officials and prominent business leaders.

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