Feds: ID thief used public records of DUI offenders

The U.S. Attorney's office in Harrisburg has asked York County Clerk of Courts Don O'Shell to redact information found on public documents after it was used in a case of alleged fraud.

[used to love york]

So a DUI means they can just have all my personal information, too? What a joke. I see a law suit coming that will cost more than 60,500!

[Ridiculous]

Maybe people should exercise their right to sue the County of York for being so dimwitted. Is O'Shell for real, "one more reason not to run afoul with the law." Does that mean people who get in trouble for DUI can expect to turn around and potentially have their personal information stolen? Unbelievable. York County should remember this at election time. I will.

[Gubment]

Your government at work! I can't imagine why anyone would want more government in their lives or want to trust them to do anything. You're doing a helluva job, Brownie!

Govenment workers always seem to revel in their ability to be unhelpful. O'Shell is truly a vile and disgusting human-being.

[Just the Facts JACK]

York County Clerk of Courts Don O'Shell said, that,“We are not required ... under state law to redact that information. Our documents are public records."

O’Shell stated - According to the opinion of two attorneys his local solicitor, Anne Zerbe of Countess Gilbert Andrews Law in York, and to James G. Morgan Jr. of Tucker Arensberg Law in Harrisburg, solicitor for the Clerks Association of Pennsylvania.

Well I’m no attorney but I believe O’Shell may be wrong -- Under Pennsylvania’s New Right to Know Law, Act 3 of 2008, as signed by Gov. Edward G. Rendell on February 14, 2008 and became effective January 1, 2009 the law states certain personal information is exempt from publication, well I believe you violated the law. In part, the act states: Section 708. Exceptions for public records (b) Exceptions.— Except as provided in subsections (c) and (d), the following are exempt from access by a requester under this act:(1) A record the disclosure of which:(ii) would be reasonably likely to result in a substantial and demonstrable risk of physical harm to or the personal security of an individual and (6)(i) The following personal identification information:(A) A record containing all or part of a person’s Social Security number; driver’s license number; personal financial information; home, cellular or personal telephone numbers; personal email addresses; employee number or other confidential personal identification number.[this info was taken directly from the law]

I too smell a multi-million lawsuit in the making – no wonder the County of York can not afford to pay its employees a decent wage, they keep wasting taxpayer’s money on lame pet projects while making foolish decisions.

Row Officers and Judges have just too much power with the 1620 Rights afforded to them by the Pennsylvania County Code Law; their heads get so big they believe they are untouchable – like kings on a thrown. They believe they are above the law and do what ever they want because they are protected by the 1620 Rights afforded to them by the Pennsylvania County Code – typical – It’s my way or the highway....

O’Shell just kills me, now he will require the public to show Photo ID prior to being allowed to view public records – I haven’t researched that aspect of the Pennsylvania Right to Know Law yet - but I wonder it that is lawful for him to require Photo ID, probably not...

[Incredibly insensitive]

Victims of crimes are victims of crimes. The Clerk of Courts should respect that. Also, why are you making it easy for other criminals to steal? Shouldn't you care about the *prevention of crime* as well?
Sometimes people charged with crimes are innocent or victims of unconstitutional police overreaching. Sometimes they are acquitted because of a failure of proof. Why expose these people to further victimization through callous indifference? Haven't they gone through enough?
On the matter of cost: how much money did the feds spend investigating this incident? How much will it cost society to lock the ID thiefs up? Do you think that the feds and the US Attorney's office will continue to chase these cases if you don't fix the problem? Copycats will follow. The burden will fall squarely on our local police departments who are not well-equipped to deal with these sorts of crimes.
Since you are now are aware of the problem and a straight-forward (but admittedly not inexpensive# fix for it, and that it is clear that you are just unwilling to fix it, what kind of damages do you think you may be exposing York County to for negligence? There may not be a law mandating the protection of the information, but that does not mean that the failing to protect the information is non-negligent.
I suppose that the police and court officials #and relatives of all of them) who are from time to time charged with DUIs or other minor crimes will be happy about your indifference to the thefts of the identities of citizens accused of crimes resulting from your indifference. But hey, they should just avoid getting arrested.

[Red Action]

While they may not be required to redact such information, the government probably obtained the social security numbers unlawfully in the first place, and it's even possible that DUI statutes are unlawful because they neither prescribe a victim nor most often identify an assault, in light of the right to locomotion, so the chance to provide such information or its attempt to be collected should not occur.

[Are u kidding me]

Another idiot elected to a position he is not qualified to fill just because he has an R behind his name. Wake up York County lets not elect people on the basis of party only.

[Sua Sponte]

.........OR don't commit a DUI offence.

[Keith Olberman]

Are u kidding me wrote:

Another idiot elected to a position he is not qualified to fill just because he has an R behind his name. Wake up York County lets not elect people on the basis of party only.

Yeah, that has NEVER happened with people who have a D behind their names. Every sh*thole, crime-ridden area elects all Ds.

[US Attorney]

Please note: the *US Attorney* has asked O'Shell to redact the information. That is the federal prosecutor. This is not a criminal defense bar issue -- it is a law enforcement and crime prevention issue.

The government is asking for the redaction of the records to prevent crime, and O'Shell is saying "not now; it's too expensive; I don't really care"

That is the really troubling part about this -- he does not care that his inaction will cause more crime.

[Just the Facts JACK]

US Attorney wrote:

Please note: the *US Attorney* has asked O'Shell to redact the information. That is the federal prosecutor. This is not a criminal defense bar issue -- it is a law enforcement and crime prevention issue.
The government is asking for the redaction of the records to prevent crime, and O'Shell is saying "not now; it's too expensive; I don't really care"
That is the really troubling part about this -- he does not care that his inaction will cause more crime.

I just cannot believe this topic has not generated more attention than 10 responses from posters - O'Shell’s lack of concern to "Protect Public Identities" just shocks me.

He should be held personally civil-ably libel for any monetary damage caused by "Protected Information" failing into criminal hands...

[Stoner]

I know a few more individuals that should be named in similar activities...would anyone like to know what their names are?