Empathy List Archives

PM

Phillip Morton

Fri, Sep 25, 2020 3:01 PM

A small municipality I represent is wanting to publish outstanding fines in
the local paper. They want to include in the publication: (1) Name, (2)
DOB, (3) fine amount, and (4) a statement encouraging people with
outstanding fines to contact the municipality to either avoid or resolve
any outstanding FTP warrant.

I don't think including the DOB is necessary or a particularly good idea,
but does anyone see a problem with doing this as a general matter (aside
from an increase in angry phone calls)?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.

A small municipality I represent is wanting to publish outstanding fines in the local paper. They want to include in the publication: (1) Name, (2) DOB, (3) fine amount, and (4) a statement encouraging people with outstanding fines to contact the municipality to either avoid or resolve any outstanding FTP warrant. I don't think including the DOB is necessary or a particularly good idea, but does anyone see a problem with doing this as a general matter (aside from an increase in angry phone calls)? Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling *580-759-0049*.

JM

Jon Miller

Fri, Sep 25, 2020 3:18 PM

If the fines are for municipal citations where persons were allowed to make payments to the City, or is derived from fines associated with utility or other recurring accounts, you should consider the Fair and Accurate Credit Transactions Act (the “FACT Act”), 15 U.S.C.A. § 1681m, and the “Red Flags” rules implemented under that act. The “Red Flags” rules are intended to prevent access to account information unless the creditor has verified that the person seeking access is the account holder. While the FACT Act does not directly state that any particular information relating to an account is confidential, and does not purport to create any substantive claim to confidentiality, the premise behind its provisions seems to be that a creditor will keep account information protected from third parties. I would have some concern about publishing information that is covered under the “Red Flags” rules.

Also, if your city uses information extracted from DPS to fill in traffic citations, that information may be protected under the federal Driver's Privacy Protection Act (“DPPA”), 18 U.S.C. § 2721, et seq. The DPPA makes it “unlawful for a state department of motor vehicles or any officer, employee, or contractor thereof to knowingly disclose or otherwise make available personal DMV information for any purpose other than a ‘permissible use’.” The information retains its protected status in the hands of someone who obtained it as a “permitted use.” Ticket fine information obtained from DPS would be protected, but it is likely the name was derived from the individual’s driver’s license, not from the DPS.

I also agree with your statement regarding DOB information. If someone who has received a fine is a former employee, that information cannot be provided under the Open Records Act, and arguably the City should not publish it for others to see.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Phillip Morton
Sent: Friday, September 25, 2020 10:02 AM
To: oama@lists.imla.org
Subject: [Oama] Publication of Outstanding Municipal Fines

A small municipality I represent is wanting to publish outstanding fines in the local paper. They want to include in the publication: (1) Name, (2) DOB, (3) fine amount, and (4) a statement encouraging people with outstanding fines to contact the municipality to either avoid or resolve any outstanding FTP warrant.

I don't think including the DOB is necessary or a particularly good idea, but does anyone see a problem with doing this as a general matter (aside from an increase in angry phone calls)?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

If the fines are for municipal citations where persons were allowed to make payments to the City, or is derived from fines associated with utility or other recurring accounts, you should consider the Fair and Accurate Credit Transactions Act (the “FACT Act”), 15 U.S.C.A. § 1681m, and the “Red Flags” rules implemented under that act. The “Red Flags” rules are intended to prevent access to account information unless the creditor has verified that the person seeking access is the account holder. While the FACT Act does not directly state that any particular information relating to an account is confidential, and does not purport to create any substantive claim to confidentiality, the premise behind its provisions seems to be that a creditor will keep account information protected from third parties. I would have some concern about publishing information that is covered under the “Red Flags” rules. Also, if your city uses information extracted from DPS to fill in traffic citations, that information may be protected under the federal Driver's Privacy Protection Act (“DPPA”), 18 U.S.C. § 2721, et seq. The DPPA makes it “unlawful for a state department of motor vehicles or any officer, employee, or contractor thereof to knowingly disclose or otherwise make available personal DMV information for any purpose other than a ‘permissible use’.” The information retains its protected status in the hands of someone who obtained it as a “permitted use.” Ticket fine information obtained from DPS would be protected, but it is likely the name was derived from the individual’s driver’s license, not from the DPS. I also agree with your statement regarding DOB information. If someone who has received a fine is a former employee, that information cannot be provided under the Open Records Act, and arguably the City should not publish it for others to see. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Phillip Morton Sent: Friday, September 25, 2020 10:02 AM To: oama@lists.imla.org Subject: [Oama] Publication of Outstanding Municipal Fines A small municipality I represent is wanting to publish outstanding fines in the local paper. They want to include in the publication: (1) Name, (2) DOB, (3) fine amount, and (4) a statement encouraging people with outstanding fines to contact the municipality to either avoid or resolve any outstanding FTP warrant. I don't think including the DOB is necessary or a particularly good idea, but does anyone see a problem with doing this as a general matter (aside from an increase in angry phone calls)? Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com<mailto:MortonLawOffice@gmail.com> CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

JB

Jeff Bryant

Fri, Sep 25, 2020 3:59 PM

Is the reasoning behind publishing the DOB to more clearly identify who has been issued the ticket in case there is more than one person within the publication area that has the same name? Not sure that justifies the potential for an argument that Red Flag or otherwise confidential or protected information has been published. I think even the State Treasurer unclaimed property fund annual publication (state wide) is only done by county, city, and name. A person who finds their name on the list, will be provided a phone number to call and verify whether they are the person that holds the ticket, right? If this additional identifying information if felt to be necessary, would it suffice to only publish the birth year or month? Just a thought. Hope this helps.

Jeff Bryant

OMAG’s COVID-19 Info Page: https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Friday, September 25, 2020 10:18 AM
To: Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] Publication of Outstanding Municipal Fines

If the fines are for municipal citations where persons were allowed to make payments to the City, or is derived from fines associated with utility or other recurring accounts, you should consider the Fair and Accurate Credit Transactions Act (the “FACT Act”), 15 U.S.C.A. § 1681m, and the “Red Flags” rules implemented under that act. The “Red Flags” rules are intended to prevent access to account information unless the creditor has verified that the person seeking access is the account holder. While the FACT Act does not directly state that any particular information relating to an account is confidential, and does not purport to create any substantive claim to confidentiality, the premise behind its provisions seems to be that a creditor will keep account information protected from third parties. I would have some concern about publishing information that is covered under the “Red Flags” rules.

Also, if your city uses information extracted from DPS to fill in traffic citations, that information may be protected under the federal Driver's Privacy Protection Act (“DPPA”), 18 U.S.C. § 2721, et seq. The DPPA makes it “unlawful for a state department of motor vehicles or any officer, employee, or contractor thereof to knowingly disclose or otherwise make available personal DMV information for any purpose other than a ‘permissible use’.” The information retains its protected status in the hands of someone who obtained it as a “permitted use.” Ticket fine information obtained from DPS would be protected, but it is likely the name was derived from the individual’s driver’s license, not from the DPS.

I also agree with your statement regarding DOB information. If someone who has received a fine is a former employee, that information cannot be provided under the Open Records Act, and arguably the City should not publish it for others to see.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Phillip Morton
Sent: Friday, September 25, 2020 10:02 AM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Publication of Outstanding Municipal Fines

A small municipality I represent is wanting to publish outstanding fines in the local paper. They want to include in the publication: (1) Name, (2) DOB, (3) fine amount, and (4) a statement encouraging people with outstanding fines to contact the municipality to either avoid or resolve any outstanding FTP warrant.

I don't think including the DOB is necessary or a particularly good idea, but does anyone see a problem with doing this as a general matter (aside from an increase in angry phone calls)?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

Is the reasoning behind publishing the DOB to more clearly identify who has been issued the ticket in case there is more than one person within the publication area that has the same name? Not sure that justifies the potential for an argument that Red Flag or otherwise confidential or protected information has been published. I think even the State Treasurer unclaimed property fund annual publication (state wide) is only done by county, city, and name. A person who finds their name on the list, will be provided a phone number to call and verify whether they are the person that holds the ticket, right? If this additional identifying information if felt to be necessary, would it suffice to only publish the birth year or month? Just a thought. Hope this helps. Jeff Bryant OMAG’s COVID-19 Info Page: https://www.omag.org/covid19-faq Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Friday, September 25, 2020 10:18 AM To: Phillip Morton <mortonlawoffice@gmail.com>; oama@lists.imla.org Subject: Re: [Oama] Publication of Outstanding Municipal Fines If the fines are for municipal citations where persons were allowed to make payments to the City, or is derived from fines associated with utility or other recurring accounts, you should consider the Fair and Accurate Credit Transactions Act (the “FACT Act”), 15 U.S.C.A. § 1681m, and the “Red Flags” rules implemented under that act. The “Red Flags” rules are intended to prevent access to account information unless the creditor has verified that the person seeking access is the account holder. While the FACT Act does not directly state that any particular information relating to an account is confidential, and does not purport to create any substantive claim to confidentiality, the premise behind its provisions seems to be that a creditor will keep account information protected from third parties. I would have some concern about publishing information that is covered under the “Red Flags” rules. Also, if your city uses information extracted from DPS to fill in traffic citations, that information may be protected under the federal Driver's Privacy Protection Act (“DPPA”), 18 U.S.C. § 2721, et seq. The DPPA makes it “unlawful for a state department of motor vehicles or any officer, employee, or contractor thereof to knowingly disclose or otherwise make available personal DMV information for any purpose other than a ‘permissible use’.” The information retains its protected status in the hands of someone who obtained it as a “permitted use.” Ticket fine information obtained from DPS would be protected, but it is likely the name was derived from the individual’s driver’s license, not from the DPS. I also agree with your statement regarding DOB information. If someone who has received a fine is a former employee, that information cannot be provided under the Open Records Act, and arguably the City should not publish it for others to see. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Phillip Morton Sent: Friday, September 25, 2020 10:02 AM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Publication of Outstanding Municipal Fines A small municipality I represent is wanting to publish outstanding fines in the local paper. They want to include in the publication: (1) Name, (2) DOB, (3) fine amount, and (4) a statement encouraging people with outstanding fines to contact the municipality to either avoid or resolve any outstanding FTP warrant. I don't think including the DOB is necessary or a particularly good idea, but does anyone see a problem with doing this as a general matter (aside from an increase in angry phone calls)? Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com<mailto:MortonLawOffice@gmail.com> CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.