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For lawyers, other's in the know, what is the penalty when a government worker illegally uses data information?


I am asking this question pertaining to the snooping of private records in the Joe the plumber case.

It really concerns me that the workers would snoop on someone like that!

http://www.toledoblade.com/apps/pbcs.dll...

"Toledo police records clerk charged with misconduct in 'Joe The Plumber' info inquiry
BLADE STAFF

A Toledo police records clerk has been charged with "gross misconduct" for allegedly making an improper inquiry for information regarding the man known as "Joe the Plumber," city officials said Tuesday afternoon."

http://www.columbusdispatch.com/live/con...
"Checks on 'Joe' more extensive than first acknowledged"


Can he bring suit against them for this?

In the one case it has been rumored she gave the information to the media.

http://www.columbusdispatch.com/live/con...

I lived in Toledo and I believe the worker is in serious trouble. I do believe that Joe may be able to sue, but I am unsure. I certainly hope this worker will be in serious trouble because if they do it to him, they may do it to you.

There are any number of potential consequences. I don't know Ohio law specifically, but many states make it a violation of criminal and civil law for a government official to misuse data. It's probably a violation of fiduciary duties. Many states also allow a suit for dissemination of confidential information.

However, I think the information on Joe the Plumber is all public, His name, address, licensing status, and any tax charges brought can all be accessed through a simple lexisnexis search by anyone in the newsmedia who pays for the appropriate subscriptions.

If policy did not expressly forbid releasing this type of info, she is alright. Otherwise, she is in big trouble. The law is fairly specific on this, however, many confidential sources fail to comply with the law so the employee gets off free and the source organization gets into trouble.

OK here is your answer.... if you are republican doing it you get sent to jail for atleast 8 yrs.. if your a democrat you get a promotion and a $1,000,000 reward.


McCain/Palin '08
rw

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