GRANITE FALLS — Yellow Medicine County suffered a data breach in its Family Services Department last month and has hired a lawyer to defend itself from any claims that may be filed.

The board of commissioners voted unanimously Tuesday to sign a letter of engagement with the law firm of McDonald-Hopkins.

Yellow Medicine County Family Services Director Rae Ann Keeler-Aus reported that there had been a data breach in her department on July 14.

Keeler-Aus told directors a Family Services Intake worker attempted to fax a case file to a specific entity but had incorrectly entered the last two digits of the fax number. This error sent the fax to a private fax number that was not related to the case.

“We’re trying to get in touch with that private party,” Keeler-Aus said. “We’re covered under a new policy (indirectly) with MCIT (Minnesota Counties Insurance Trust).”

She explained that the county’s insurance policy had a $2,500 deductible for any liability damage resulting from the data breach.

“Does in-kind dollars (time the county’s attorney would spend on the case) count toward deductibles?” Commissioner Ron Antony asked.

County Administrator Peg Heglund answered no.

“We will still have to pay the (insurance company’s) attorneys who are working on it,” she said.

McDonald-Hopkins, PLC is the legal firm on retainer with the Hartford Boilers company, who in turn is one of the specialty insurance companies that Minnesota Counties Intergovernmental Trust (MCIT) uses to process certain claims for MCIT, Heglund said.

“This is a whole new line of coverage,” Antony said. “There are two outs. The injured party does nothing, and/or the fax recipient does nothing (with the information). If there is no ‘harm,’ there is no claim.”

YMC Attorney Keith Helgeson brought up a different point. He said McDonald Hopkins, PLC wanted a letter of engagement issued at this time, but it was not looking to bill the county up front. Helgeson said, but McDonald Hopkins wanted permission to defend the county in court, if need be.