Legal Question in Criminal Law in Arizona

Fraud by using someone else's SS#

My question: can I file a lawsuit against a former employer for negligence, in that, they did not keep my PERSONAL information (IE: SS#) confidential, which in turn, allowed someone to have easy access to it and it resulted in financial harm to me?

A temporary employee got ''access'' to my Social Security number, through relieving the receptionist for breaks/lunch. There was a piece of paper, with all the employees names, addresses, phone #'s and SS#'s, taped on the desk. The woman used my SS# to rent an apartment, get phone and electric service. She also ''doctored up'' a company badge with her picture and my name to help rent the apartment. I found out in Nov, 1999 when I started receiving collection calls, that these 3 accounts are in collection and on my credit report.

Did the company have a duty to me, as an employee, to keep my personal information confidential and not accessable to just anyone?

Do you think I have a case?

I appreciate any help you can give in this matter.


Asked on 6/20/01, 5:14 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Fraud by using someone else's SS#

Your employer has a legal obligation to behave reasonably in the use of your personal information. It is liable for its negligence if such causes you economic harm as you suggest.

Whether or not your employer acted reasonably under the facts you describe I don't know.

I do not think you have a good lawsuit against your company, but you may well have a good one against the employee who stole your information and used it to your economic detriment.

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Answered on 7/01/01, 2:39 pm


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