Governor Compromises the Privacy of Thousands of Maryland Gun Owners

mr h said:

From Nic Kipke...

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mr h said:

... about freedon...

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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.
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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,

Nancy Jacobs Signature
Senator Nancy C. Jacobs

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pilotguy299 said:

...

BTW, does anyone know how long a "not disapproved" is good for? If it is issued on Oct 2, and it takes another 60 days to issue the hql, is that "not disapproved" still valid?

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mr h said:

I've been trying to wrap my head around it, and it eludes me.

Sure... Any infringement is a good thing for them

Yes... They are (they believe) in the driver's seat

But why this way, why now??

I get the part about avoiding the lawsuit(s) about the backlog, the delayed HQL, whatever. But, in reality, I can't see both of them being solved, given the state's proven technological ineptitude. So, in that, a lawsuit is pretty much a 'given.'

The AAG assigned to this surely must not be so dense as to have completely missed the existing requirement re:MSP personnel having to be handling these docs. If so, then Hanlon's Razor applies, and we have our answer. Somehow, though, I doubt it.

The MSP press release was, no doubt, at the behest of the Administration, to attempt to smooth this kerfuffel over. It failed miserably, and put MSP squarely beneath the Trailways Express.

The only solution I have is, that O'MAOlley knows this is going down in flames, and is positioning MSP to take the fall.

What really baffles me, is how Gansler himself is not putting his fingerprints on this. Could HE actually be behind it all, and with the Lord Governor on his way out, is setting Buster Brown up for a pair of (political and metaphoric) concrete saddle loafers?

It's all very befuddling.

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PhoenixRizing said:

I wonder if it is possible that this latest fuster cluck could be used as leverage to oust MSP as the POC for background checks since clearly they can no longer be trusted to appropriately handle our sensitive data.

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PhoenixRizing said:

I wonder if it is possible that this latest fuster cluck could be used as leverage to oust MSP as the POC for background checks since clearly they can no longer be trusted to appropriately handle our sensitive data.

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skb675 said:

But to what end? If MSP is out of the loop, who will be in?

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swinokur said:

NICS and the FFL's like most states do with no issues.

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mr h said:

Sure, that's what would make sense... but see my post above.

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PhoenixRizing said:

I was just hoping this latest screw up could be used to our advantage to replace MSP with say NICS or whatever it is that free America is using these days for handling background checks.

Its bad enough that our illustrious leaders can make MSP drag their feet and take forever but it is entirely different to willfully violate the contract between the individual and the MSP by releasing our info to uncleared individuals. The MSP/government have failed miserably in doing their duty in handling this information. It is my humble opinion that as punishment for their crime they should suffer losing the ability to be the POC for firearms background checks since clearly they cannot handle the responsibility. .... The realist in me knows this wont happen but a guy can dream cant he?

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