Here’s a new way of holding someone directly liable for a data breach. A Minnesota attorney was fined $5000 for filing a federal court document containing the social security numbers and birth dates of 179 people. Court filings are public, which is why Federal Rule of Civil Procedure 5.2(a) says that a court filing may only contain the year of birth or last four digits of a social security number. As Judge Davis wrote in his order:
The Court is deeply concerned with the harmful and widespread ramifications associated with negligent and inattentive electronic filing of court documents. Although electronic filing significantly improves the efficiency and accessibility of our court system, it also elevates the likelihood of identity theft and damage to personal privacy when lawyers fail to follow federal and local rules.
