Legal Question in Legal Ethics in Maryland

I am currently the custodial parent in a visitation court order, which requires the non-custodial parent who has had no previous interaction with the child, to participate in counseling. The licensed clinical social worker requested that I communicate privately with her to gain background information. I agreed to do so, and was assured that all of my information would be confidential. Over 11 years have passed, and the non-custodial parent and I have never been married, and have not shared custody or responsiblity for the child. Therefore, needless to say, both sides have insisted that personal information would not be shared with the other. However, recently, my personal email address was forwarded to the non-custodial parent by the licensed clincial social worker without my consent. I am not sure if anything else was divulged. I have viewed the agency's privacy notice and rights, which clearly state that all information about the client is understood to be confidential to protect privacy. Do I have any legal recourse?


Asked on 8/10/10, 4:58 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

You may have legal recourse if you can prove that you have suffered damages as a direct result of the clinical social worker's act of revealing your personal email address to the non-custodial parent. You would also have to prove that the non custodial parent has your personal email as a result of the social worker's actions -- in other words, if the non-custodial parent obtained your personal email through Facebook, Twitter, some other social networking site, or by some other means available to the general public, it won't matter if the custodial worker accidentally revealed your personal email address. You may want to hire a Maryland lawyer who specializes in family law and health law issues.

I know you are probably upset by this situation, regardless of whether the social worker revealed your information intentionally or by mistake. You may consider writing a POLITE letter to the social worker and the social worker's employer explaining the situation and requesting that this not happen again under any circumstance. You may also consider changing your email address if the non-custodial parent is using it as a means of bothering you.

Good luck.

This email is for informational purposes only and is not an offer of legal assistance by undersigned. As a result, no attorney-client relationship is formed hereby.

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Answered on 8/20/10, 6:55 am


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