(Update) EPISD Lawyer: District Is Not Legally Liable For The Hacking

Gaby Loria reports:

El Paso Independent School District trustees heard from concerned employees and parents at a Tuesday evening board meeting regarding the hacking situation that put more than 70,000 students and employees at risk for identity theft.

[…]

The district alerted the community about the breach the day it found out about it and negotiated a deal with a credit monitoring company to offer a 50 percent discount on anti-identity-theft services.

[…]

The school board’s attorney, Anthony Safi, explained the district is not legally liable for the hacking and is therefore limited in the options it can offer the community. “The district does not have any liability for what occurred due to the doctrine of governmental immunity,” Safi said. “Because there is no liability, to pay (for services) could very well be considered a gift of public funds, which is prohibited.”

Read more on KVIA.

No liability? Did the Veterans Administration have no liability for the incident involving 26.5 millions’ veterans data or did they wind up having to compensate people for it in a huge settlement?

And if there is no liability under a theory of governmental immunity, then what recourse is there for individuals who now have incurred out-of-pocket expenses for something that they had no responsibility for?

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