[UPDATED] Bank Sends Email to Wrong Gmail User, Sues Google For His Identity

[p858snake]

Bank Sends Email to Wrong Gmail User, Sues Google For His Identity

Here’s an example of how you can get caught up in a lawsuit, and possibly have your identity revealed, without doing anything wrong; more precisely, without doing anything at all.

 

An employee of Wyoming-based Rocky Mountain Bank accidentally sent a file that included the names, addresses, tax IDs, and loan info for over 1,300 of the bank’s customers, to the wrong (Gmail) address.

 

The same employee then sent another email to that same address, requesting that the email be deleted before it was opened (which wouldn’t have helped matters much, as it would be impossible for the bank to know whether the recipient had indeed deleted the email). After receiving no response, the bank contacted Google, asking for information on that Gmail account; Google refused to provide the info without a court order, so the bank sued.

 

While it’s definitely understandable that a bank wants to do everything to protect such sensitive data, put yourself in the place of that Gmail user. He received an email without asking for it – perhaps to a dormant account – and now he might find himself in the middle of a lawsuit, and have his identity revealed. Unpleasant, at the very least.

 

This situation is somewhat reminiscent to the recent lawsuit, in which Google was forced to reveal the identity of an offensive blogger. The main difference, however, is that the Gmail user in this new case has done absolutely nothing to deserve the “attention” – except perhaps not checking their email account very often.

 

Source: Mashable

 

One must ask why they were sending private data like that via email and out of the company.......

Edited September 26, 2009 by p858snake
Tile (posting follow article)

[featured_spectre]

Encrypted USB stick, registered mail. Much safer.

[elsiegee40]

One must ask why they were sending private data like that via email and out of the company.......

 

For exactly that reason our governors now all have school email addresses and confidential material will only be sent to those accounts... they don't like checking another email address, but I have given them instructions on how to use their accounts through Outlook/Outlook Express as well as webmail.

[p858snake]

Judge Orders Google To Deactivate User's Gmail Account

In a highly unusual move, a federal judge has ordered Google to deactivate the email account of a user who was mistakenly sent confidential financial information by a bank.

 

The order, issued Wednesday by U.S. District Court Judge James Ware in the northern district of California, also requires Google to disclose the Gmail account holder's identity and contact information. The Gmail user hasn't been accused of any wrongdoing.

 

The ruling stems from a monumental error by the Wilson, Wyo.-based Rocky Mountain Bank. On Aug. 12, the bank mistakenly sent names, addresses, social security numbers and loan information of more than 1,300 customers to a Gmail address. When the bank realized the problem, it sent a message to that same address asking the recipient to contact the bank and destroy the file without opening it. No one responded, so the bank contacted Google to ask for information about the account holder.

 

In keeping with its privacy policy, Google told the bank it would have to get a court order to obtain such data. The bank then filed papers asking a court to order Google to disclose the information and deactivate the account.

 

The bank attempted to file its papers under seal, but U.S. District Court Judge Ronald Whyte denied that request. Earlier this week, the case was transferred to Ware from Whyte.

 

Some lawyers say the Ware's order is problematic because it affects the Gmail account holder's First Amendment rights to communicate online, as well as his or her privacy rights.

 

"It's outrageous that the bank asked for this, and it's outrageous that the court granted it," says John Morris, general counsel at the Center for Democracy & Technology. "What right does the bank have and go suspend the email account of a completely innocent person?"

 

He adds: "At the end of the day, the bank obviously screwed up. But it should not be bringing a lawsuit against two completely innocent parties and disrupting one of the innocent party's email contact to the world."

 

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, adds that the judge's order could have significant ramifications for the Gmail account holder. "Losing an email account is a big deal," he said. "It's very disconcerting to think that a judge could simply order my account deactivated."

 

Source: MediaPost Publications

[maniac]

I bet someone will lose their job over that one.

 

I'm worried that they even ship that sort of information around by e-mail, when will they learn that e-mail is not a secure way of communicating! We've got strict guidelines in our school on what sort of information may and may not be sent by e-mail, I'd like to think that banks would have the same sort of guidelines in place!

 

Mike.