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Data Breach: Georgia Voter Information Accidentally Displayed Online

 


Despite an effort by the Georgian government to provide a new web portal that allows Georgians to cancel their voter registration, the website has come under fire after a technical problem caused personal data to be displayed on users' screens. It was announced on Monday that Georgia's Secretary of State Brad Raffensperger has launched a new website designed to give Georgians the ability to easily and quickly cancel their voting registrations if they move out of the state, or if they lose a loved one who recently passed away. 

During the registration process, users are asked to enter the first letter of their last name, their county of residence, and their date of birth. It will then ask them to provide a reason for their cancellation, followed by a request to provide their driver's license information. After answering the question, the person is prompted to enter their license number if the answer to the question is yes. 

There is a possibility that the voter will be asked to enter their social security number, if they do not already have one, or they will be asked to complete a form that needs to be mailed or emailed to the registration office for their local county. The problem, which Mike Hassinger, Raffensperger spokesman, said lasted less than an hour and has now been resolved, highlighted Democratic concerns that the site could be used by outsiders to unjustifiably cancel voter registrations without the voter's permission. 

There is another example of how states should be aggressive in purging their registration rolls of invalid names. In Georgia, there has been a long-running dispute between Democrats and Republicans over this issue, but it has recently gained new urgency because of an extensive national effort coordinated by Trump party allies to remove names from voter rolls that have garnered new attention. 

There are activists inflamed by the false allegations that the 2020 election was stolen, and they are arguing that the state's existing efforts to clean it up are inadequate and that the inaccuracies invite fraud to take place. In Georgia, as well as throughout the country, there have been very few cases of voters casting ballots improperly from out of state. To counter efforts by disinformation campaigns that are aimed at making people distrust the democratic process, four prominent former government officials from Georgia have joined an organization that is hoping to counter the efforts of disinformation campaigns. 

Despite the launch of the Democracy Defense Project, which was announced by Georgia Republican lawmakers Nathan Deal and Saxby Chambliss, and once again by two Democrat politicians, Roy Barnes the former governor of Georgia, and Shirley Franklin the former mayor of Atlanta, the project seems to have picked up two Georgia Republicans and two Democrats. The Georgia board members are part of a national initiative that aims to raise money for advertisements so that they can push back against efforts to undermine elections and to get people to move beyond talking about "polarizing rhetoric" to increase their chances of getting news coverage and raising votes. 

A new skirmish has arisen over the issue of how aggressively states should purge incorrectly registered citizens from their registration rolls. Democrat and Republican congressional leaders in Georgia have been engaged in a bitter and protracted battle over this issue, but the debate has now gained new urgency due to a campaign launched by Donald Trump's allies to remove names from the voter rolls on a national level. 

According to activists fueled by Trump's false claims that the 2020 election was rigged, there is no way to clean up the mess in an accurate way, and inaccuracies invite fraud into the process. Neither in Georgia nor nationwide have there been any instances of improper out-of-state voting that can be verified scientifically. There have been relatively few cancellations of registrations to date. Typically, cancelling a voter registration in Georgia requires mailing or emailing a form to the county where the voter previously resided. 

The removal of deceased individuals or those convicted of felonies from the voter rolls can be processed relatively swiftly. However, when individuals relocate and do not request the cancellation of their registration, it may take years for them to be removed from the rolls. The state must send mail to those who appear to have moved, and if there is no response, these individuals are moved to inactive status. Despite this, they retain the ability to vote, and their registration is not removed unless they fail to vote in the next two federal general elections. 

Georgia has over 8 million registered voters, including 900,000 classified as inactive. Similar to other states, Georgia allows citizens to challenge an individual's eligibility to vote, particularly when there is personal knowledge of a neighbour moving out of state. Recently, however, residents have increasingly been using impersonal data, such as the National Change of Address list maintained by the U.S. Postal Service, to challenge large numbers of voters. Additionally, some individuals scrutinize the voter rolls to identify people registered at non-residential addresses. 

For instance, a Texas group called True the Vote challenged 364,000 Georgia voters before the two U.S. Senate runoffs in 2021. Since then, approximately 100,000 more challenges have been filed by various individuals and groups. Voters or relatives of deceased individuals can enter personal information on a website to cancel registrations. County officials receive notifications from the state's computer system to remove these voters, and counties will send verification letters to voters who cancel their registrations.

If personal information is unavailable, the system offers a blank copy of a sworn statement of cancellation. However, for a brief period after the website was unveiled, the system inadvertently preprinted the voter's name, address, birth date, driver's license number, and the last four digits of their Social Security number on the affidavit. This error allowed anyone with access to this information to cancel a registration without sending in the sworn statement. 

Butler expressed her alarm, stating she was "terrified" to discover that such sensitive information could be accessed with just a person's name, date of birth, and county of registration. Hassinger explained in a Tuesday statement that the temporary error was likely due to a scheduled software update, and it was detected and resolved within an hour. 

Although Butler commended the swift action by Raffensperger's office, she, along with other Democrats, argued that this issue highlighted the potential for the site to be exploited by external parties to cancel voter registrations. Democratic Party of Georgia Executive Director Tolulope Kevin Olasanoye emphasized that the portal could be misused by right-wing activists already engaged in mass voter challenges to disenfranchise Georgians. Olasanoye called on Raffensperger to disable the website to prevent further abuse.

Companies Appeal for Relief From Biometric Privacy Act


Later this June, in a Public Radio talk show hosted by Brian Mackey, Senate President Don Harmon said that some of the most flourishing business association leaders have “punched us in the nose” after the Senate Democrats came up with what he called a "good faith solution" to issues brought on by the state's highly controversial Biometric Information Privacy Act.

The Senate Democratic proposal that the business groups opposed, according to Harmon, is "very friendly to the business community that has been asking for these changes."

Biometric Information Privacy Act (BIPA) 

Companies these days regularly collect biometric data, like facial recognition and fingerprint scans. However, in Illinois, it has been made illegal for companies to obtain any such data unless they obtain informed consent.

The Biometric Information Privacy Act was implemented on October 3, 2008, which regulates private entities may acquire, utilize, and handle biometric identifiers and information. Notably, government organizations are not covered by the Act. The only other states with comparable biometric safeguards are Texas and Washington, but BIPA is the strictest. According to the Act, a violation is punishable by a $1,000 or $5,000 fine if it is willful or reckless. This BIPA's damages clause has given rise to numerous class action lawsuits.

Privacy Issues

In regards to the privacy issues concerning the collection of biometric data, many lawsuits have been filed so far, as a result of which many companies want relief.

The Illinois Supreme Court pleaded with the General Assembly earlier this spring to rethink the law in its ruling against the White Castle company. The burger chain's eventual cost for obtaining employee fingerprint scans might reach $17 billion as a result of that decision.

Near the originally scheduled conclusion of the spring legislative session, the Illinois Retail Merchants Association, the Illinois Manufacturers' Association, and the Illinois Chamber of Commerce held a press conference with other business leaders to vehemently oppose the Senate Democrats' proposal.

In the press conference, Illinois Manufacturers' Association President and CEO Mark Denzler, argued the measure would exacerbate the issue. However, Denzler is not exactly known for his hostility. The legislation, according to Denzler, “will only increase abuse of this law by trial attorneys” who have made thousands of claims under the law.

However, the three business groups either refused to respond to Harmon’s comments or, did not respond at all.

In response, the Supreme Court claims that the legislative intent of BIPA was to penalize every single acquisition of employee biometric data. "That's how we ended up with a $17 billion" fine, claimed Senate President Pro Tempore Bill Cunningham since a significant number of White Castle employees were subjected to multiple daily scans for five years. According to the Democratic plan, the law would have been altered specifically to base the fine on the number of employees rather than the number of scans. However, they also doubled the fine from $1,000 to $1,500, which was also criticized by the business associations.

The original state statute, according to BIPA law opponents, has very little to do with reality. The purpose of the law is to safeguard individuals from having their biometric information kept, shared, or otherwise used without their knowledge or consent. After all, people can alter their computer passwords to hide their identities, but could not simply alter their fingerprints.

Cunningham on the other hand claims to have heard a theory by a Republican lawmaker that the corporate defense bar has confirmed to the business groups that they can get the state law overturned by the U.S. Supreme Court, leaving no reason to compromise at the state level. “I have no idea if that's true or not[…]But it's a better explanation that I can come up with,” he says.