Cleveland Law Library Weblog

Ohio Supreme Court Chief Justice Thomas Moyer on Public Records and Open Government

In a Press Release issued by the Ohio Supreme Court, Chief Justice Thomas Moyer discusses the history behind Ohio laws governing public records and open government. Moyer goes on to indicate that the Court is currently working on a drafting rules to ensure that court records remain open to the public. As part of this process, the Court is weighing issues of accessibility through the Internet with constitutional principles that give courts independence under the doctrine of separation of powers.

Parma School Board Seeks AG Opinion on Public Records

The Parma, Ohio School Board has requested an opinion from the Ohio Attorney General in connection with a taping at one of their meetings. The request asks the AG's office to determine whether any public records (and presumably open meetings) laws were violated when Board President Rosemary Gulick directed that a tape which was being made be stopped and rewound when the Board discussed the Superintendent's employment contract. The AG's office provides a page on Ohio's Sunshine Laws as well as an online Open Meeting Complaint form. Click here to read a Plain Dealer article about the controversial deal the Board was potentially offering to allow the School Superintendent to retire and be re-hired, thereby collecting salary and pension at the same time.

Personal Records Stolen in Local Carjacking

Unfortunately, local residents who receive energy assistance through a Cuyahoga County weatherization program now have to worry about the disclosure of their personal information. In a carjacking that took place on West 25th within the last two weeks, an alleged thief stole a Cuyahoga County employee's car containing a disk with the energy assistance recipients' names, addresses, phone numbers and social security numbers. Although the County is supposed to be notifying the almost 3000 residents whose information was compromised, anyone who is concerned that their information was stolen can contact the Cuyahoga County Department of Development at 216-348-4086. Click here to read Newsnet5's article on the information theft.

State to Remove SSN's From SOS Website

The Akron Beacon Journal reports that the Ohio Secretary of State anticipates that all personal social security numbers will be removed from its website by this September. Currently, individuals' SSN's still appear in various UCC filings and other financial forms that the SOS has posted to its website. The new SOS apparently hired a new firm to finish the job of sifting through 1.2 million business records to redact the personal information.

Sixth Circuit: Privacy Applies to Internet Communications

On June 18, 2007, the Sixth Circuit decided Warshak v. United States, Case No. 06-4092, holding that "email users maintain a reasonable expectation of privacy in the content of their e-mails." This case began when the Government accused Warshak of mail and wire fraud, money laundering and other federal crimes and obtained a sealed order from a Southern District of Ohio Judge granting access to the contents of Warshak's e-mail with various Internet Service Providers (ISPs). A year later when the Government notified Warshak about the searches, Warshak sought and obtained an injunction against further compelled disclosure of his e-mail communications. The District Court granted the injunction, and the Government appealed. On appeal, the Sixth Circuit affirmed the issuance of a preliminary injunction prohibiting the United States from seizing the contents of Warshak's e-mail from ISPs. On remand, the Sixth Circuit also imposed the following rules as a pre-condition to disclosure of e-mail communications: 1) the ISP client must be afforded prior notice and an opportunity to be heard, or 2) where there is a specific finding that the ISP client had no expectation of privacy, notice to the ISP, with an opportunity for the ISP an opportunity to be heard.

Ohio Supreme Court Recognizes Privacy Claim for False Light

For the first time, the Ohio Supreme Court has recognized a claim for invasion of privacy based on allegations of "false light." In Welling v. Weinfeld, Weinfeld, who used her property for weddings and business meetings, sued her next door neighbors, the Wellings, claiming that the Wellings made so much noise on their adjoining property that their actions constituted a public nuisance, trespass, invasion of privacy, interference with Weinfeld's business relations and intentional infliction of emotional distress. The Wellings counter-claimed for invasion of privacy flowing from Weinfeld's decision to aim floodlights and security cameras at the Wellings' property and post handbills regarding alleged vandalism at the Wellings' place of employment and their childrens' school. After a Stark County jury awarded the Wellings damages, Weinfeld successfully moved for both a remittitur and a new trial. On appeal, the 5^th District Court of Appeals affirmed the trial court's action, but limited the retrial to the issue of invasion of privacy based only on the theory of invasion of seclusion. Both parties appealed to the Ohio Supreme Court. In a 5-2 decision, the Ohio Supreme Court remanded the case to the trial court with instructions to decided whether Weinfeld invaded the Wellings' privacy. 

To read an article on this case by the Beacon Journal, follow this link.

Proposed Graham Leach Bliley Privacy Forms

Several federal agencies issued proposed regulations providing a safe harbor privacy form.  Financial institutions can give to this form to their customers, to comply with the Graham Leach Bliley Act.  See Federal Agencies Issue Proposed Rule on GLB Act Model Privacy Form by Faith Williams and Jeffery Smith,  Bricker & Eckler, LLP, April 2007.  This article has a link to the proposed regulations, which are contained in 72 Federal Register 14940.   This federal register section contains instructions on how to submit comments.  Comments are due on May 29, 2007.

Public Citizen Group Objects to Carfax Settlement

A consumer class action lawsuit against a provider of vehicle history reports is pending in the Trumbull County Court of Common Pleas.  The case is West v. Carfax, Inc. , Trumbull County Case No. 04-CV-1898.  For a claim form, copy of the proposed settlement order, notice to consumers and more information go to: West v. Carfax Settlement Website . The docket can be viewed at the Trumbull County Case Search.

Carfax.com provides vehicle history reports on used cars for a fee.  The information comes from title checks and other sources.  The reports show if the car has ever been in an accident, flood or fire; odometer problems or whether the car is a buyback/lemon.  The report shows the type of owner (individual, fleet, rental car, leased, taxi, police) but does not provide the names of previous owners.

Carfax was sued because while their database used to contain complete information from all fifty states, they lost access to complete police accident records from 22 states and the District of Columbia from the National Crime Insurance Bureau database in 1998. Consumers were never told that some crashes from these states may not appear in the database.  See  Deal in Carfax Lawsuit Draws Fire by David Shepardson, The Boston Globe, Apr. 16, 2007.

A tentative settlement has been approved in the case, where customers would get $20.00 off an auto inspection and receive free and discounted Carfax reports over the next three years.  Public Citizen objects to the settlement, because vehicle inspections typically cost $100, a consumer may not need Carfax reports over the next three years, and inadequate notice was sent to customers.  The judge is considering Public Citizen's objections at a May 11 hearing.

Ohio AG Sues Public Records Provider

The Ohio Attorney General sued Courts Online for failing to deliver purchased services, misrepresenting the services offered in advertising, and failed to properly inform consumers about refund policies.  Courts Online provides unlimited access to public records and private databases for conducting background checks for $29.99 annually. The business is located in Miami County, but is not properly registered with the Ohio Secretary of State.  The AG seeks to shut down the company's operations until they remedy the violations and pay restitution to customers.    Source: Ohio Attorney General Marc Dann Sues Ohio Internet Company for False Advertising and Failure to Deliver , AG Press Release, Mar. 23, 2007.

Database of All Ohio Court Dockets Closer to Reality

Governor Ted Strickland included an Ohio Courts Network in his proposed budget, possibly making an idea of several years ago into reality.  The Ohio Courts Network will be an on-line website containing civil and criminal dockets from all Ohio courts- from the Supreme Court to municipal courts.  The public would be able to access the web site, but would not have access to social security numbers and other personal information.  The Ohio Bureau of Motor Vehicles would also supply information to the network.   Ohio Hoping to Link all Courts on One Web Site by Reginald Fields, The Plain Dealer, Mar. 18, 2007.