PEF ‘Exploring Options’ Over See Through Site

The Public Employees Federation, New York’s second-largest state employees union, is sounding an alarm over the Empire Center’s new information clearing house Web site, SeeThroughNY, suggesting that while the information available there is indeed public, making it so easily accessible could be a threat to their members’ safety.

In an e-mail to PEF members sent out Friday, union President Ken Brynien wrote:

“Unfortunately, State employees’ payroll information is a matter of public record. Under FOIL, as a general matter, all records of a State agency are available, unless a certain exception applies. One exception under the Public Officers Law, is where disclosure would result in an “unwarranted invasion of privacy.”
However, salaries and work locations of State employees have been found by the Courts to be available to the public.

The disclosure of this information and the ease of access to the information has ramifications regarding the personal safety of the individuals in the database; there has been at least one instance brought to our attention where a co-worker of a member was living in a shelter for battered women and her estranged husband was able to identify her work location through the website and is now stalking her at her work site.”

Brynien, whose e-mail appears in full after the jump, says PEF is still exploring its options regarding what – if any – action to take against the site.

PEF spokeswoman Dracy Wells would not rule out a lawsuit, although she did acknowledge that there are legal precedents that don’t bode well for that avenue, should the union choose to take it.

The Empire Center’s EJ McMahon noted that the information on the Web site was obtained via what appears to be the largest FOIL request in state history and seemed unconcerned by the prospect of a legal challenge.

“Be my guest,” he said. “Ultimately, they’re challenging the Freedom of Information Law.”
“This doesn’t say where people live,” McMahon continued. “If the objection is, ‘Now you’ve invaded my privacy and people can find me,’ well, I’ve got news for you: We’re all pretty easy to find, and it’s everyone’s business what you make if you work for the government.”

McMahon also pointed out that as long as information like birthdays, Social Security numbers and home addresses aren’t posted, it’s difficult to confirm a person’s true identity. However, that sort of thing is easily available on the Internet (generally for a small fee).

The Empire Center isn’t the first to do this, either. Some governments are making payroll information available on-line themselves, and a number of newspapers have also done so.

As you are probably aware there is a website run by the Empire Center of the Manhattan Institute which has put the payroll information of approximately 263,000 state employees in an on-line database that is available to the general public through the SeeThroughNY website.

The payroll information was provided to them through the Office Of the State Comptroller as a result of a FOIL request.

Unfortunately, State employees’ payroll information is a matter of public record. Under FOIL, as a general matter, all records of a State agency are available, unless a certain exception applies. One exception under the Public Officers Law, is where disclosure would result in an “unwarranted invasion of privacy.” However, salaries and work locations of State employees have been found by the Courts to be available to the public.

The disclosure of this information and the ease of access to the information has ramifications regarding the personal safety of the individuals in the database; there has been at least one instance brought to our attention where a co-worker of a member was living in a shelter for battered women and her estranged husband was able to identify her work location through the website and is now stalking her at her work site.

We continue to explore options regarding this and if our members have a legitimate concern regarding this invasion of their personal privacy, and they wish to explain their concerns to the Empire Center or Manhattan Institute these organizations can be reached by phone or fax at:
Empire Center- phone 518-434-3100, fax: 518-434-3130
Manhattan Institute – phone: 212-599-7000, fax: 212-599-3494
Please make this information available to members that are concerned about this site.
Thank you,
Ken Brynien, President