The Attorney General ruled some weeks ago that your social security number was confidential and could not be disclosed under a Texas Public Information Act. “Well, hell,” you say, “That only makes sense.”
Of course, it made too much sense to last for long. Only a few weeks after putting it into effect, TX AG Greg Abbot has suspended the decision for sixty days, meaning it has no force. Why? Because of the huge number of old records containing people’s Social Security numbers that are on file in various county clerks’ offices.
Earlier, Abbott had said Social Security numbers for living people are confidential and must be exempted from required disclosure under the state’s Public Information Act. But the ruling created unmanageable complications for county clerks responsible for decades-old documents that often contain many Social Security numbers, publicly filed during previous eras when they weren’t valuable tools for identity thieves.
Many county clerks closed their operations, which halted real estate and other transactions.
Long-time readers know that I don’t have much sympathy for elected or appointed officials that don’t want to do their job because it’s inconvenient. This comes across as not much more than holding a “snit-fit” to force Abbot to change his mind–and it seems to have worked for now. In truth, I know this is going to be extremely inconvenient because we’re facing much the same issue where I work. We’ve got tens of thousands of legacy records with SSN’s on them, and there’s no reasonable (or legal) way to delete them all. The original source file cannot be deleted; we have to have the information, so we’re changing procedures to prevent SSNs and TDLs from getting into permanent records that are subject to TXPIA requests. County clerks are in an even worse position; the records they keep can’t be deleted at all, since they’re THE records for property, taxes, and many other official items.
The only way to handle it is to require a close inspection of every document handed over under request. Unfortunately, some of those requests are not small, but may encompass hundreds, even thousands, of records. And not every county has the resources of Harris or Fort Bend to review them carefully. The problem is, with identity theft becoming a bigger problem all the time, old records like these represent a potential gold mine for thieves, yet clerk’s offices don’t want (and in some places can’t) bite the bullet and request increases in personnel to either expunge the records, or inspect and redact confidential information prior to handing them over to requesters.
“I do appreciate the attorney general staff’s willingness to work with us on this. The process can work if people don’t go nuclear,” [House Ways and Means committee chairman] Keffer said.
Look, you don’t want to see nuclear? Then make damn sure SSN’s are protected. If clerk offices need help funding the removal of such records, postphone a freeway somewhere to come up with state money to give to the clerks, and devise a properly wasteful program to hire some cronies of the local Commissioner’s Court to come in and do the job. (What, cynical? Me?) Whatever it takes.
And you, dear reader, should not let the Legislature take this up in a vaccuum. Make damn sure your state senator and representative hear from you on this score.
After all, it’s only your life, your fortune (such as it is), your good name, your credit, and your peace of mind at stake here. Think about it: Do you live in a municipality? Have you ever given your SSN or TDL to a governmental utility? Or to any government agency? Oh wait, TXDOT has your TDL don’t they? After all they issued it….
Be afraid. Be very afraid. And contact your representative now.