Data privacy laws have expanded across the country, with the strongest one due to take effect in Massachusetts in January -- MA 201 CMR 17. The laws are designed to protect us from mistakes like the one that just went to court for other reasons.
An employee of Rocky Mountain Bank, a small bank in Wilson, Wyoming, accidentally sent an email with confidential information on 1325 individual and business customers that included their names, addresses, tax identification or social security numbers and loan information. When he realized his mistake and the privacy violation, he tried to recall the message. But, he was not successful.
The bank then sent an email to the accidental recipient asking him to destroy the message. He also asked the person to contact the bank “discuss his or her actions.” No response.
The bank then followed the next logical step and contacted Google because the recipient had a Gmail address. The bank "asked whether the Gmail account at issue is active or dormant and what steps could be taken to ensure that the confidential customer information was not used or disclosed," stated court documents.
Google refused, the court document stated. Google said that it would not provide any information regarding the Gmail account at issue, and would not otherwise assist in preventing disclosure of the confidential customer information unless it was requested through a valid subpoena or other appropriate legal process.
I understand why the bank wanted the information at the time. I am thinking that they wanted to find out what happened to their data before warning customers of the breach. OK ... they probably should have notified customers right away.
And, I understand Google's privacy policy. But, I am shocked that Google did not offer to contact the recipient on the bank's behalf without revealing private data, given the magnitude of the risk. It seems that Google will protect their own privacy policy, but will not help others when a privacy issues comes up.
Well, since Google demanded a court order, the bank went to court for the information and the case is now in front of federal District Court Judge Ronald Whyte in San Jose, California.
"The bank then filed papers asking a court to order Google to disclose the information. And, in what proved to be yet another mistake, the bank tried to file those papers under seal," reported the Daily Examiner.
"An attempt by a bank to shield information about an unauthorized disclosure of confidential customer information until it can determine whether or not that information has been further disclosed and/or misused does not constitute a compelling reason that overrides the public's common law right of access to court filings," Whyte wrote. (Daily Examiner)
Clearly, privacy laws need to be clarified to protect us. I also think that Google could be more helpful.
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