Justice Stephen G. Breyer was among the clients of Wagner Resource Group that had his personal data made public — after an employee used the firm’s computer to swap music on the file-sharing network LimeWire. It included his name, date of birth, and social security number. As someone who had a former CBS employee steal his identity to buy two Lexus cars, I can sympathize.
The most interesting aspect of this story would be a possible recusal from future cases involving such breaches. The firm is clearly negligent in not having sufficient protections on this information. Moreover, they are responsible for the actions of the employee. While the firm can argue that this was a “frolic or detour” (and not in the scope of his employment), there seems ample grounds for either direct negligence or an colorable claim of respondeat superior.
In my own case, my identity was stolen by a security employee at CBS when I was under contract with the network, click here.
Until that time, I did not know that I could just walk into a dealership and buy two luxury sedans. It always takes me forever to do the paperwork. Yet, in the Bronx (a haven for identity theft) it is a simple affair. What was most shocking is the total lack of communication or serious interest from the Bronx District Attorney’s office.
Time will tell if any additional injury (beyond the public disclosure) leads to litigation against this firm.
For the full story, click here.