The Public Private Data Cycle

Just as the Austrian school of economics has a business cycle I have a data cycle. The Public Private Data Cycle (catchier web 3.0 buzzword compliant name coming later) states that all privately held data becomes government data with a subpoena and all government data becomes privately held data with a leak.

The Public Private Data Cycle is important to note whenever somebody discusses keeping data on individuals. For example, many libertarians don’t worry much about the data Facebook collects because Facebook is a private company. The very same people will flip out whenever the government wants to collect more data though. Likewise, many statists don’t worry much about the data the government collects because the government is a public entity. The very same people will flip out whenever Facebook wants to collect more data though. Both of these groups have a major misunderstanding about how data access works.

I’ve presented several cases on this blog illustrating how privately held data became government data with a subpoena. But what about government data becoming privately held data? The State of California recently provided us with such an example:

Our reader Tom emailed me after he had been notified by the state of California that his personal information had been compromised as a result of a California Public Records Act. Based on the limited information that we have at this time, it appears that names, the instructor’s date of birth, the instructor California driver’s license number and/or their California ID card number.

When Tom reached out to the CA DOJ he was informed that the entire list of firearms trainers in California had been released in the public records act request. The state of California is sending letters to those affected with the promise of 12 months or identity protection, but if you are a CA firearms instructor and haven’t seen a letter, might bee a good idea to call the DOJ to see if you were affected.

This wasn’t a case of a malicious hacker gaining access to California’s database. The state accidentally handed out this data in response to a public records request. Now that government held data about firearm instructors is privately held by an unknown party. Sure, the State of California said it ordered the recipient to destroy the data but as we all know once data has be accessed by an unauthorized party there’s no way to control it.

If data exists then the chances of it being accessed by an unauthorized party increases from zero. That’s why everybody should be wary of any attempt by anybody to collect more data on individuals.