FCC Presses Alabama PSC on ICS Breach, Bars Official From Proceeding for Now
An Alabama official's release of confidential information was a "serious breach of the protective order" in the inmate calling services (ICS) proceeding and requires further actions to ensure compliance, the FCC Wireline Bureau agreed Monday, citing Global Tel*Link's description of…
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the incident in docket 12-375. Global Tel*Link sought FCC sanctions for Darrell Baker, director of the Alabama Public Service Commission Utility Service Division, and the PSC for Baker's posting of an unredacted version of protected Global Tel*Link information in the FCC's electronic comment filing system before it was taken down (see 1507200030). Baker submitted an explanation to the FCC that apologized and said the release was inadvertent. "We are concerned about the apparent laxity that resulted in the disclosure of confidential information," the bureau said in directing Baker and the PSC to submit by next Monday any additional information on the incident, the protective procedures in place, and actions to rectify the situation and alert parties. GTL and other parties can file responses and any further proposed remedies by Oct. 1. The bureau noted the PSC had secured documents and instituted training and broader reviews of submissions to ensure compliance with confidentiality protections, which "demonstrate that it understands the gravity of the situation and has taken productive steps." But the bureau said further action is needed and it directed the PSC to deny its personnel further access to confidential ICS documents until it further explains the measures and procedures it's taking to prevent future breaches, along with signed acknowledgements from all relevant personnel that they understand the safeguards. Until further notice, it also barred Baker from reviewing any confidential information submitted to the FCC and from participating in the ICS proceeding. When the investigation is concluded, the bureau "will decide whether additional sanctions may be appropriate." The PSC and Baker had no comment Tuesday.