Sen. Jacobs is PISSED...

[Mr H]

This just came across the ether...

Dear Gun Rights and Privacy Advocate:

There is no doubt that Maryland residents, particularly those who have made firearm purchases in the last several months, are as angry as I am.

The Governor once again put the "cart before the horse" when word got out about their scheme BEFORE they had a chance to cover their butts with their "after the fact" press release. Unfortunately, it came too late to stop the Governor's and state police plans. At 4:24 p.m. on Saturday, September 7, 2013, my office received the Press Release that was finally put out by the Maryland State Police Office.

In this press release, which you can read for yourself here, is a feeble attempt at best to smooth the feathers of the public which have been ruffled in an unconscionable way.

It has been confirmed what we already knew, that state employees from the Department of Health and Mental Hygiene, Department of Transportation, Department of Public Safety and Correction Services; Department of Human Resources, and the Department of Juvenile Services are involved in this breach of privacy.

And then we have this: "This procedure was reviewed and approved as appropriate by an assistant attorney general assigned to the MSP." Really guys? Really?

I can't begin to tell you the number of times we have had "dueling" Attorney General Opinions when we have asked about the constitutionality of legislation before our committee.

In my humble opinion, this assistant attorney general's opinion could have very well been written after the fact in another one of this Administration's feeble attempts to try to somehow justify what they are doing after the fact. I find it rather revealing that THE Attorney General did not offer HIS opinion. Perhaps he wouldn't because he knew it was wrong? Why else wouldn't he weigh in on the subject?

Eleven months ago it was reported in the Maryland Reporter, "Personal information vulnerable on state computer systems, auditors find." (You can read the full article here.) A legislative audit revealed that the Maryland Personal Information Protection Act that governs how businesses protect personal information does not cover state agencies, including the protection of individual social security numbers." The audit recommended that the Department of Information Technology implement a process to enforce agency compliance, but the department said it does not have resources to do so and will continue to leave compliance up to each individual agency".

"Five state agencies that were evaluated in the audit report, each handle personal information of one kind or another. The Comptroller's Office, Department of Health and Mental Hygiene, Department of Public Safety and Correctional Services, Department of Human Resources, and Maryland Department of Transportation were all included in the audit as being state agencies that are in need of improved system protection processes." Four of the five agencies listed above are involved this weekend and through Monday entering data taken off firearm applications and putting them into spreadsheets.

My, Governor O'Malley and the Maryland State Police must think the citizens are stupid and have no memories:

1. 13 Corrections officers indicted in MD accused of aiding gang's drug scheme (read here) April 23, 2013

2. Joann Fleishell, Maryland Motor Vehicle Administration worker, convicted of stealing nearly $88,000 in Frederick, MD. (read here) March 25, 2012

3. Former Maryland MVA employee pleads guilty to conspiracy to fraudulently produce and sell Maryland driver's licenses - Accepted bribes to issue licenses to applicants who had failed the written and driving tests (read here) September 7, 2012.

4. MVA Employees nabbed in Maryland driver's license and ID card scam (read here) September 10, 2009.

5. Former correctional officer arrested for bringing drugs to inmate (read here) August 25, 2010.

6. MD MVA Employee Charged in ID Card Sales (read here) April 23, 2005

We are supposed to be pacified that in the Press Release that states: "Each of the employees involved in the data entry process is bound by a confidentiality agreement." Let's not forget as well the statement, "State employees from these five agencies deal with sensitive and confidential information every day in the course of their regular duties - this includes mental health records, inmate records, driving records, and social services records, all of which contain information like social security numbers."

Hmm, when addressed in the press release the unprecedented surge in regulated firearms purchase applications..."A resource pool of almost 60 SWORN and civilian personnel who are able to conduct background investigations were identified." Were all of the state employees who are examining your personal records this weekend "sworn" in before being allowed to handling YOUR very sensitive and private information?

I cite again COMAR 29.03.01.06 which expressly states, "The State Police shall review the application for accuracy, omissions, or discrepancies before investigating the applicant".

There is also another regulation in COMAR 29.03.01.03, Subsection A, (8) it states, "In order to verify the accuracy of the applicant's representations, the applicant's written authorization to the Department of Health and Mental Hygiene, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:" This section is talking about the mental health component of the application in order to verify the applicant's truthfulness in completing the application. The signature of the applicant only gives authorization for state agencies to disclose information to the MD State Police. It does not allow the State Police to disclose information to OTHER agencies, which is exactly what they are doing.

Citizens of this state whose applications for a firearm that have not been approved yet and are involved in what is taking place over this weekend, are VICTIMS OF A BREACH OF THE LAW WHICH THE GOVERNOR AND THE MARYLAND STATE POLICE ARE SWORN TO UPHOLD.

I am not only angry but insulted by the Governor's and the MSP attempt to pull this eleventh hour "Hail Mary" move. There has been an ever increasing backlog which should have been addressed months ago that could only be addressed by significantly more MSP employee hires to insure applications were processed in a timely and LEGAL manner.

My record and reputation stand on firm ground; you know that I have fought hard in the past to protect our rights as citizens of this state and this country. I am appalled by the reckless endangerment to citizens across the state whose rights to privacy have been so disregarded and violated by this Governor's actions.


Together we stand,


Senator Nancy C. Jacobs

 

[occbrian]

We need more statements like this from delegates and senators alike.

 

[Bolts Rock]

She isn't the only one pissed but we know that. I really, really hope my agency's CID gets into this and tears them a new one.

 

[Mr H]

I find it rather revealing that THE Attorney General did not offer HIS opinion. Perhaps he wouldn't because he knew it was wrong? Why else wouldn't he weigh in on the subject?

Because he knew it was wrong AND would torpedo his next election!

 

[JasonB]

I received this as well. Glad to see someone calling them out on what's going on. Hopefully more of our reps do the same. Proud to have Nancy as my senator and its a shame she is retiring.

 

[-Z/28-]

I also received Nancy's email. I hope she reconsiders her retirement, she is a great ally to the 2A.

 

[Bolts Rock]

I just got personal emails from Jacobs and Smigiel asking for more information to hit the governor and MSP with tomorrow. I guess I should start th elaundry and make another pot of coffe then get busy with google. In the meantime if you have links or cites showing how MD has had leaks in the past few years other than those posted in the two threads on this please post them here and I'll include them in my answers to them. I especially need anything on the laptop with PII that was stolen from a state employee's car.

 

[EHS1976]

I just got personal emails from Jacobs and Smigiel asking for more information to hit the governor and MSP with tomorrow. I guess I should start th elaundry and make another pot of coffe then get busy with google. In the meantime if you have links or cites showing how MD has had leaks in the past few years other than those posted in the two threads on this please post them here and I'll include them in my answers to them. I especially need anything on the laptop with PII that was stolen from a state employee's car.

Not a leak, but an audit of the MSP conducted by the Office of Legislative Audits: https://www.google.com/url?sa=t&sou...uIGICQ&usg=AFQjCNEAr-u_2e9wS1AJktmgP7LTYkGqHw.

 

[ShallNotInfringe]

Maybe we all need to write directly to the MSP making it clear that we entrusted our personal information to them EXCLUSIVELY (cite COMAR), explicitly deny them permission for them to distribute it and inquire as to the status of their confidentiality and to inform us of of any disclosure and traceability to any disclosure that may have occurred.

Since they have already stated they have done so, they need to tell us where it went and trace the handling of each application.

 

[budman93]

I got that too.

 

[Bolts Rock]

Not a leak, but an audit of the MSP conducted by the Office of Legislative Audits: https://www.google.com/url?sa=t&sou...uIGICQ&usg=AFQjCNEAr-u_2e9wS1AJktmgP7LTYkGqHw.

Thanks, I'll forward it.

FYI- I will be writing my response in about an hour and sending it by 3.

 

[MDNavyVet]

I received the same from Sen. Jacobs. I can only hope they are sending press releases out to all the local and national news organizations as well.

 

[vinjet700]

I got this too and I responded asking what is going to be done about it..... I probably won't get an answer....

 

[Wynter]

Class action lawsuit??

 

[akkiller]

Class action lawsuit?? put me down

 

[JWLaRue]

I got this too and I responded asking what is going to be done about it..... I probably won't get an answer....

I responded to her e-mail too. Other than stirring the pot, it's not clear what she (and other elected officials) are doing to resolve this.

-Jeff

 

[S1owJam]

Delegate Vitale e-mailed me a little earlier with her plan.

Tyler,

I have drafted communication demanding that the State create a list of all persons who have had access to the records and that the state be willing to run a background check to confirm a clean background. Anything less is unacceptable.

I will keep you posted.

Cathy Vitale

 

[Fox123]

I responded to her e-mail too. Other than stirring the pot, it's not clear what she (and other elected officials) are doing to resolve this.

-Jeff

What CAN they do other than write angry emails to people that are also already angry?

 

[Mr H]

Why are people relying on them??

They are important to the "food chain", yes...

But, ultimately, it's ALL the people who have to take responsibility for our own rights.

It starts with letting the critters know, but it has to continue through action. Become active as your own advocate.

If we rely on others, we're only doing half the job. Let your officials know. Sure. But also get your memberships' money's worth. Get on the horn to NRA, SAF, GOA. MSI and AGC are already in the fight, and need support, donations, and volunteers.

Get people together and make an appointment to see your local reps. Show up on 10/1. SOMETHING.

Any option is better than nothing, but anyone who just says "do something" and waits for others to act? Not gonna cut it.

 

[rwbow1969]

Class action lawsuit??

No one has had any negative impact from this YET.... Therefore no plaintiff. If someone is impacted by this though, yes, there could and probably will be a lawsuit.

E-mail the delegates, senators, AG, MSP, OweMalley. Bug the livin' crap out of all of them. Make life miserable for them also.