| PORAC bill PROHIBITS INTERNET POSTING OF PERSONNEL RECORDS By David E. Mastagni In March of 2004, I became aware of a website that had begun posting confidential personal information of peace officers, judges, and public officials. The website was using a German provider and violated California, federal and German law by including public officials' and peace officers' home addresses and telephone numbers, maps to some officers' homes, and even pictures of the homes and information regarding the officers' spouses and children. Recognizing the only purpose for disclosing this type of information would be to intimidate officers and facilitate acts of violence against them, I sent a demand to the website providers and web posts related to the site to close the webpage immediately. California Government Code section 6254.21 prohibits knowingly posting the home address or telephone number of any appointed official on the Internet for the purpose of causing or threatening imminent great bodily harm to the officer or official. Both the German Civil Law, § 823, and the German Federal Data Protection Law provide for a fine of up to $250,000 against website providers and entitle persons harmed by the unauthorized use of personal information to recover compensation. Based on the demand, the providers shut down the website. With the firm's assistance, PORAC has sponsored legislation to strengthen and broaden the protections set forth in Government Code § 6254.21. AB 1595 (Evans, D-Sonoma) expands this section to include anyone who hosts or provides web service to an Internet website from posting confidential information about peace officers and public officials. The legislation would establish a civil recourse for any violation of section 6254.21, including court costs, loss of wages, attorney's fees, pain and suffering, and punitive damages up to $10,000.00. These remedies will provide strong motivation for website hosts and providers to ensure that confidential peace officer information is not posted on the Internet. |