Global Tel*Link Asks FCC To Sanction Alabama PSC Staffer for ICS Info Breach
Global Tel*Link asked the FCC to impose sanctions on Darrell Baker and the Alabama Public Service Commission for violating a protective order by posting confidential information from the company and other inmate calling service (ICS) providers in the federal agency's…
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electronic comment filing system (ECFS). Baker, director of the Alabama PSC Utility Service Division and a frequent filer in the ICS proceeding, acknowledged his mistake, attributed it to ignorance and apologized. In a filing in docket 12-375 Thursday, GTL said Baker previously acknowledged that he had understood and would abide by the terms of the protective order, but it said he nevertheless filed confidential information from GTL and other ICS providers that was made publicly available in the ECFS July 9. "The detailed data included for various providers the numbers of calls, minutes of use, commissions broken out by types of calls, and other competitively sensitive information stratified by categories based on size of average daily inmate population," said the company. GTL said it alerted the FCC, which removed the information three hours after it was posted, but it wasn't aware of anything Baker had done to notify the FCC or other parties about the problem. "This is a serious breach of the Protective Order," said GTL, which argued Baker acted with "deliberate indifference" or "willfully violated" the order. GTL noted various possible sanctions -- such as suspension or disbarment from FCC practice, fines and denial to further access to confidential information -- but said it trusted the commission would "fashion appropriate measures." In a response Friday, Baker said he had never before filed confidential information and thought he was following proper procedures by submitting both a redacted version of his analysis and an unredacted version marked "CONFIDENTIAL INFORMATION, SUBJECT TO PROTECTIVE ORDER." Baker said he assumed the FCC would post only the redacted version for public consumption, but he subsequently learned he was supposed to have filed it by hard copy, not electronically. He said there was no intent to violate the confidentiality protections. "However, ignorance of the rules is no excuse," he said. "I should have more thoroughly researched the filing procedures and acknowledge my mistakes." Baker apologized twice to the seven affected ICS providers and the FCC, and said the error wouldn't be repeated. GTL's filing anticipated that Baker would claim the breach was "due to a simple oversight or misunderstanding on his part," but it said "Baker acted with contempt for the Protective Order." The FCC had no comment Monday.