Privacy for Pets? Yes. Privacy for People? No.

Recent Texas Attorney General and U.S. Federal Court Rulings

David Bloys, News for Public Officials 

Two days after the Texas Attorney General's office rendered an opinion which stated that Hale County has no authority to block the bulk transfer of sensitive records for commercial use, the office rendered an opinion prohibiting Harris County Animal Control from transferring the same information. In Attorney General Greg Abbott’s Opinion No. GA-0367, dated October 14, 2005 the AG’s office stated Harris County is prohibited, by law,  from releasing the addresses, phone numbers, and names of pets owners to companies for commercial use.

Two days earlier, Assistant Attorney General Cindy Nettles responded to Hale County Request # 234155. Hale County had asked whether sensitive information must be reproduced in bulk, at cost, for San Jacinto Title Services. The information contained in Hale County real property records contains addresses, phone numbers, social security numbers, driver’s license number, dates of birth, medical information, and financial information. Hale County sought to restrict the bulk release of this sensitive information. In addition, Hale County asked if San Jacinto Title Services would be required to agree to a non-disclosure agreement. Assistant AG Nettles opinion does not bode well for county clerks wanting to protect their citizens and their counties. On June 16, 2005, Assistant Attorney General Kay Hastings issued a similar letter in favor of Texas Document Imaging and Retrieval Systems, LLC.

Three days before the Assistant A.G. Hastings response, this issue was settled in the U.S. District Court, Eastern District of Michigan in First American Title et al vs. Melissa Devaugh et al. The case asked the Federal Court to decide the matter of bulk transfer at cost of reproduction. Judge O’Meara’s decision, dated June 13, 2005, granted the counties authority over their records and disallowed the national title companies’ claims against the counties under the Sherman Antitrust Act and the Freedom of Information Act.. The ruling gives Michigan counties the authority to negotiate the terms of bulk transfer including fees and non-disclosure.
 

News for Public Officials notified the counties on our list of the federal decision and offered copies of the judge’s ruling. Assistant A.G. Hastings requested a copy the afternoon of June 16, 2005. We responded that evening by e-mail, too late for consideration. 

Assistant Attorney General Cindy Nettles does not mention the U.S. case in her letter and may not have known of the federal ruling.  The sad fact is, though, as a result of these rulings, Texas counties are forced to sell entire collections of sensitive information at a fraction of what they charge their own citizens. Citizens of Texas have less protection than Texas pets or Michigan citizens. 

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Additional resources concerning the bulk transfer issue

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• Attorney Generals letter in favor of Texas Document

• Attorney Generals letter in favor of San Jacinto Title

• U.S. Judges ruling  in favor of Michigan Counties

Links

• Michigan Registers of Deeds Win Court Battle Over Copies Source of Title Article

• Attorney General's decision protecting pet owners

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Related articles: Michigan Registers of Deeds Win Court Battle Over Copies Four title insurance companies recently filed a lawsuit against the registers of deeds in five Michigan counties after they were informed they could no longer resell the bulk data sets they purchased at discount prices from the counties.  Courthouse for Sale – Cheap! In what could be the largest single transfer of a county asset to a private company in the history of Texas, Fort Bend County Clerk Dianne Wilson recently sold every document ever filed with the county clerk’s office to a Florida-based company. Federal Judge Orders County Imaging Software Destroyed Fourteen Counties in Texas receive cease and desist orders Privacy for Pets? Yes. Privacy for People? No. Recent Texas Attorney General and U.S. Federal Court Rulings Courthouse for Sale – Cheap! 167 Years to create, ten years to package – gone in less than a week. County records: 'Damage is done,' says expert   "It strips people of all dignity and all privacy. I think Texans deserve better than being strip-searched by strangers on the Internet," Bloys said. SmartMoney.com's Meet the Stalkers list Your Social Security Number is just a click away When Government Officials Aren't What They Seem Texas officials and Pennsylvania cats tout misleading credentials The Lives of Three Citizens As told told and sold on the county Web site Broadcast It To The World? Or Keep It At the Courthouse? Exporting America one County at a time County Clerk Dianne Wilson sold millions of Fort Bend's records 'Public record' takes on new meaning in county Federal Judge Orders County Imaging Software Destroyed Fourteen Counties in Texas receive cease and desist orders Sign up for the free newsletter Return to News for Public Officials	Our readers asked us to search the Internet for the best campaign tips tricks and techniques on the Web. Look  what we found
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