GloucesterTimes.com, Gloucester, MA

Local News

September 7, 2010

Essex officials mum regarding records probe

ESSEX — Officials remained tight-lipped Tuesday regarding the disappearance of documents and computer files associated with the Essex Youth Commission's Summer Program.

The town's selectmen launched an investigation into the disappearance of the missing health records after Town Administrator Brendhan Zubricki became aware of the data loss on Aug. 16.

However, the selectmen — who have been acting as the Youth Commission since the commission's membership fell below the required quorum number in November 2008 — did not issue a prepared statement about the incident until late last week.

Selectmen Chairman Raymond Randall offered "no comment" Tuesday, opting instead to allow the board's prepared statement on the "complicated" matter speak for itself.

The statement, sent to the Times last Thursday, indicated the missing records may contain health information or other personally identifiable information for individuals who participated in the summer program including the parents of participants and staff.

According to the statement, the town immediately launched an investigation when it learned that the files were unaccounted for, and it set in motion a plan for retrieval of the records, "which includes legal action," the selectmen said.

The town also notified the state Attorney General's office, the director of consumer affairs and business regulation and the secretary for the federal Department of Health and Human Services.

While officials declined to elaborate on the matter, Zubricki said Tuesday the potential data security breach "may involve" files containing personal information for those who participated in the EYC summer program in past years, as well as this summer.

When questioned about whether or not the documents went missing from Town Hall or an outside office or official, Zubricki said he couldn't comment.

Several attempts to reach current EYC Summer Program Director Marilyn Klypka-Simpson were unsuccessful Tuesday.

Zubricki also declined comment when asked whether the investigation was criminal or civil in nature; and when contacted late Tuesday afternoon, Police Chief Peter Silva referred all inquiries regarding the matter to Zubricki.

Officials did say the town is currently reviewing all of its document privacy and security policies to further protect individuals' private information.

According to Personnel Board rules and regulations, a personnel file is kept for each town employee in a secure location and all such files are confidential except when review is necessary by the Board of Selectmen or the Personnel Board.

There were no record-keeping rules and regulations listed under the EYC page on the town Web site, but Zubricki said all such town boards, committees and commissions must follow applicable state laws pertaining to record-keeping of personal information.

According to the Attorney General's office, state law requires any entity that maintains personal information to comply with standards for disposal of the information. Paper documents must be either redacted, burned or shredded so that personal data cannot be read or reconstructed; and electronic files must be destroyed or erased.

As of late Tuesday afternoon — just over three weeks since the files were reported missing — the town had not received any reports that any individual's personal or medical information has been used improperly.

Town officials do not believe that an actual breach of information has occurred, but cannot yet rule out that possibility.

Eastern Avenue resident Lillian Muise, whose family has been involved with the program for 15 years and whose daughter and son have both attended the summer camp for several years and have completed the camp's counselor-in-training program, said she's not yet overly worried about the missing files.

"I hadn't really thought about it; I have a feeling they will find what they're looking for," said Muise, who learned about the possible data breach after reading an article in the Times on Saturday. "If it comes out that people are having their information used in a bad way, then I'll be concerned."

Despite the current situation, a summer program will be offered next year.

"The Board of Selectmen is still acting as the Essex Youth Commission and we will proceed with developing next year's program," Randall said Tuesday. "We hope to begin that process in the next couple of weeks and have it done by next February in order to begin advertising the scope of the program, the structure of the program, and its location at Chebacco Lake and Centennial Grove.

Officials urge anyone with questions about the missing records or who wish to report improper usage of their personal information to contact the town by calling toll-free at 888-532-2322.

Jonathan L'Ecuyer can be reached at 978-283-7000 x 3451 or jlecuyer@gloucestertimes.com.

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