GAO Technology Risk Report Highlights DHS Employee Liability
Gauging Gaps
According to a recent Government Accountability Office (GAO) report, the Department of Homeland Security (DHS) is not taking sufficient action to address privacy and bias risk for technologies used in public. GAO reviewed how DHS law enforcement agencies use detection and monitoring technologies – such as drones, pole-mounted cameras, etc. – without warrants, raising civil rights, civil liberties, and privacy concerns.
According to the report, agency policies regarding use of these technologies do not always address key privacy protections, allowing data outside of the relevant personal information to be collected. While DHS has plans to evaluate AI-enabled technologies for the risk of bias, evaluations for all other technologies are not currently required. DHS employees involved in implementation, data collection, and use of collected information may find themselves on the receiving end of civil rights violations allegations, despite following agency directives. If this happens, a professional liability insurance (PLI) policy from FEDS Protection can help you protect yourself and your career.
Poor Protections
In fiscal year 2023, Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Secret Service (USSS) reported using over 20 types of observation, detection, and monitoring technologies, including both technologies the agencies owned or leased, as well as technologies the agencies accessed through third parties, such as commercial vendors and other law enforcement agencies. Examples of these technologies include small drones, closed-circuit televisions, and automated license plate readers.
According to GAO, technology use policies at these agencies do not always address key privacy protections. Without adequate policies, employees cannot be sure how to implement privacy protections when using a particular technology, leaving them vulnerable to mistakes that may result in allegations of misuse or wrongdoing, leading to investigations and even civil lawsuits.
Action Advised
At the conclusion of the agency’s report, GAO made several recommendations to address privacy concerns. According to GAO, DHS must develop policies and procedures to assess the risks of bias and ensure that law enforcement agencies implement privacy protections through technology policies. These recommendations include assessing and amending procedures for technologies currently in use, as well as developing policies to assess and address privacy and bias risk of technologies prior to their use.
As with the implementation of any updated policy, employees may be more vulnerable to errors while working through new procedures. Additionally, past job actions may be scrutinized through the lens of new privacy policies, increasing employee liability exposure. Any alleged misstep can lead to calls for accountability that may lead to allegations and investigations. Allegations and investigations can lead to suspensions, terminations, or even personal capacity lawsuits. If an allegation is made against you, it is a necessity, not luxury, to have knowledgeable and effective counsel advocating on your behalf.
Employee Exposure
As the professional liability insurance (PLI) provider endorsed by the leading federal law enforcement employee associations, FEDS Protection offers federal employee PLI policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity. The FEDS policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs.
Annual premiums for FEDS Protection PLI start at $290. Additionally, federal law enforcement officers, supervisors, and managers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, M-F 8:30am-6pm to speak directly to a representative.
*This article is provided for informational purposes only and does not constitute legal advice.