Legal Question in Credit and Debt Law in Kansas

Exposing Financial History

I ask my loan company to fax my 12 month history report to me on my job. But I talked with 4 individuals and specificly expessed to them that I wasn't going to be at work on the 27 of March and that when I did return to work I wanted them to call me before they faxed, well that didn't happen they faxed my report anyway and I want to know can I sue them for disclosing my financial statu to my co-workers?


Asked on 3/28/07, 2:04 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Exposing Financial History

You may be able to sue under the facts you described, but you will not likely get anything. You must, among other things, prove that the lender divulged confidential information and that you were damaged. You did not indicate any damage that you have suffered thus far. As to divulging, you may have brough the dispersal of information about yourself.

There are many cases about employee privacy at the office. Generally, an employee has no expectation of privacy with employer communication devices. If you have it faxed or emailed to your job, the employer has the right to retain a copy of it and to read it. There are some caveats, but that is generally the rule now.

Your claim would be that the loan company sent the fax at the wrong time. This is presumeably because you wanted to be there to pull the print out before others read it. This assumes that faxes forget what they receive, which they do not. If they wished, each day the employer could pull up a record of all faxes received that day, and print them out again.

If you have waived your confidentiality by allowing your employer to have unfettered access to the information, you may have dificulty proving that you had an expectation as to coworkers who regularly pull print outs off the fax machine. If the fax sent stated(usually on the cover page) that it was confidential and that it is intended only for the named recipient (you) that might apply as to the coworkers. It more strongly would apply to one cowarker who reads it and then shows it to other coworkers.

A sucessful suit against the lender is not impossible, but it appears to be improbable. You may have a suit against one or more coworkers, but you may still need to prove damages.

Good Luck

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Answered on 3/28/07, 2:57 pm


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