Comment by 1-800-throwaway
4 hours ago
To start with: everyone deserves privacy, yes.
The rest of my reply reflects my understanding based on listening to my partner every day, who works in public records for the county where we live.
From what I've learned, public employees do seem uniquely vulnerable. Two employees (that we know about) have committed suicide in the past year or two; it was strongly suggested the pressure and harassment endured on the job was a factor.
- At any public-facing job (say, a restaurant server or customer support), are you legally required to respond to every single person? And in doing so, reveal your full, real name? Not required like "your employer wants you to" required, but LEGALLY required, like you can be sued if you don't? - If someone is making threats or clearly abusing the system intentionally, can you politely ask them to leave, trespass them, or just refuse to help them further? Or are you still required to help them anyway by law? - Are you obligated to help someone even if they're anonymous? - Are your own communications and employment details public records? - Are you legally obligated to allow anyone to come to your place of work, and be physically present, while you help them? - Are millions of people as angry at your employer as people generally are at "the government"?
Here are just a few of the things I've heard about the public records situation where we live:
- There are a handful of people who are infamous throughout the departments for abusing the system with dozens or hundreds of broad requests (and no, these aren't reporters or being doing interesting studies of anything). Some of these people are even disgruntled former employees or relatives of former employees, who are doing so purely for retaliation, because they know it will overload the system. But, the public records law is strong, so there is no provision for denying them access. The estimated time to fully complete some of these individuals' public records request is decades. As in, "we expect your final delivery of records to be complete in the year 2050." - Even after people receive their records, some pretend not to know how to read them purely to waste more time (like not knowing how to open a zip file - which every operating system does automatically - or a PDF). When an alternative is sent, they move on to the next excuse for not being able to read them. The law requires assisting these people, even if they're faking it. - Requestors frequently think they know the law better than the public employees serving them (and they're almost always wrong), and will heap all kinds of abuse on the records officers for perceived violations and incompetence. This abuse ranges from simple name calling, to threatening lawsuits, to sending employees their home address (in an "I know where you live" way as a veiled threat), to sending them the addresses of their parents, even to calling and harassing their parents. Can you imagine your parents being harassed because someone was unhappy with how you were doing your job? All while you were doing your job efficiently and correctly? - The law allows for the public to review physical records at the department in person, not just accept email/portal delivery. So, the enraged person threatening you and your family has a legal right to come hang out in your office with you. - The legal teams for said departments are extremely cautious about running afoul of the public records entitlement laws, or being perceived as retaliating, even if it means their employees are receiving threats and feel unsafe.
So, what to do? To me, it makes more sense for the solution to be on the job & "citizens' rights" side rather than the "protect employees from data brokers" side. Everyone should be more protected from data brokers. But public employees also deserve additional protection from malicious actors in the course of carrying out their duties - that is to say, yes, you have the right to request public records, but the government should have a lower tolerance for people abusing and system and acting maliciously.
You make a better case than the report does. I think what you say is valid; what I took issue with is the report specifically fixating on issues that everyone faces, and advocating for legislation that only solves the problem for a privileged class. If in addition to passing laws to protect everyone from data brokers, additional measures needed to be put in place to protect civil servants from abuse unique to the job, I am certainly not opposed to that. Unfortunately the report did not acknowledge that such problems exist, let alone propose solutions to that effect.
Sorry for the formatting and typos, I guess new accounts aren't allowed to edit.