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Posting personal information on the Internet

Posting personal information on the Internet
Bursac v Suozzi, 2008 NY Slip Op 28437, Decided on October 21, 2008, Supreme Court, Nassau County, Justice William R. LaMarca

Public employers, employee organizations representing public employees and employees themselves are, with increasing frequency, posting information on the Internet that some may view as violation of privacy or a violation of a statutorily or a constitutionally protected right. The Bursac decision by Justice William R. LaMarca explores a number of issues and dangers that may flow from such postings.

Alexandra Bursac sued Nassau County Executive Thomas R. Suozzi after Suozzi placed her name, picture and identifying information on a web site described as the "Wall of Shame." Bursac contended that Suozzi "exceeded his authority or breached some constitutional protection" when he posted her name and other information on an Internet website regularly maintained by the County Executive the publication of ?newsworthy press releases.?

The genesis of the lawsuit: Bursac, with no prior arrests or convictions, was arrested and charged driving while intoxicated [DWI] and driving while impaired by drugs [DUI]. Further, the decision notes that the DUI drug charge against Bursac was dismissed as her urine test for drugs was negative, and, as of the date of Justice LaMarca?s decision, a plea of not guilty has been entered but there has been no disposition or conviction on the remaining DWI count in the Nassau County District Court.

In what Justice LaMarca characterized as ?a case of first impression,? he concluded that Suozzi?s action in publishing and keeping Bursac?s name, picture and identifying information embedded in a press release on the County's Internet website, ?which results in limitless and eternal notoriety, without any controls,? satisfies the "plus" test in the "stigma plus" due process analysis.

The court said such information may be readily available to any prospective employer, casual acquaintance, potential landlord, creditor, Internet thief or predator. Indeed, said the court, Bursac?s petition alleged that she ?has received unwanted emails and phone calls from strangers on a frequent basis.? Justice LaMarca pointed out that ?The Internet has no sunset and postings on it will last and be available until some person purges the website, perhaps in decades to come.?

The Court ruled that Suozzi had violated Bursac?s due process rights in posting her name, picture and other information on the County's website. In addition, Justice LaMarca, citing State of New York v Letterlough, 86 NY2d 259, noted that the Court of Appeals said that the "shaming" of a citizen as a sanction for DWI "is an inappropriate punishment to be directed by a Judge, even if to protect the public and for deterrent purposes."

The court issued an order granting Bursac request for a permanent injunction barring the posting of such information concerning her and the directed Suozzi to remove her DWI arrest record from the press release maintained on the County?s website.

The full text of this decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_28437.htm

Full post as published by New York Public Personnel Law on November 14, 2008 (boomark / email).