Monday, April 19, 2010

What happans if your employer violates Data Privacy?

Anyone who goes to Internal Affairs is required to sign a Garrity and Tenneson Warning.

Garrity protects your statements from being used against you criminally. Tenneson protects your privacy. Read my Internal Affairs Primer for more info.

So what happens when your employer illegally releases protected information? Ask the Minneapolis Police Department:


A Minneapolis police lieutenant since demoted to sergeant and his attorney will share a $75,000 settlement of his lawsuit that claimed the city defamed him and improperly disclosed news of his suspension. (Star Tribune)

Also read this Ohio case which discusses a Garrity violation:

In other words, a public employer or a public official, who compel an employee’s testimony but then violate Garrity by turning the statement over to the police or use the statement in criminal proceedings, could be held personally liable for violating the employee’s constitutional rights. This may be a powerful incentive for employers and officials, who utilize Garrity to compel testimony, to actually comply with Garrity.

Our own Sheriff's Office made the law books by violating 2 detention deputy's Garrity rights in State of Minnesota vs. Gault, Zielke. This case was upheld all the way to the Minnesota Supreme Court.

This is serious business.

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