Legal Question in Administrative Law in California

Faxing

My employer Faxed over my personal information (e.g. SSN#,pay history,W2,...)to an investigator who was investigating someone other than myself without my consent are knowlege. Is this legal?


Asked on 2/21/06, 9:02 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Faxing

Did the employer make a mistake, or was the employer responding to a subpoena?

If it were a mistake, including sending your info in response to a subpoena for someone else's, that's improper, and you could sue IF you could plead and prove any damages. If it's just a case of your being unhappy about it, but you haven't suffered any damages, I'm not at all sure that you have a case.

Note that Civil Code section 1798.53 provides for automatic damages for improper release of personal information, but as I understand it, it only applies to release of data maintained in a state agency data bank, and not to information in the files of a private employer.

There could be other laws of which I'm not aware, and you might get more answers by asking this question under the heading of employment law.

Even subpoenaed personal records are subject to some prior notice requirements; see Civil Code section 1985.3.

Generally, however, a successful lawsuit is possible only when you have provable damages.

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Answered on 2/21/06, 10:05 pm


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