Legal Question in Criminal Law in Massachusetts

Public Records/Privacy/Intimidation

An offender, who was arrested this month in my house (trespassing and resisting) happened to be in the Court lobby Monday and read off my SSN to me as I walked past him. After speaking with the Court Magistrate, I was informed that my SSN is part of ''public records'' and that is obligated under 3g(?) to release the information if the offender or his lawyer asks for it (possibly complaint or police report??). Is there not a law that protects my privacy by preventing release of my private information - or is that somehow trumped by the public records disclosure law she cited. She says there is privacy rights concerns but there is nothing she can do. I was infored by the Police Chief that I could for additional witness intimidation charges as a result of this incident. Also, who can I speak to now to ensure my SSN is protected somehow from ID theft activities?


Asked on 2/15/07, 2:51 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Public Records/Privacy/Intimidation

I would suspect that the social security number was probably given to the police, and thereafter given to the offender.

In hindsite, you could have asked the police not to include this information on the police report, or ask the court to give the offender information without the SSN.

You can also inform the DA and the DA's victim-witness department about your concern, and they can approach the judge to get a remedy such as a stay away or what ever else could reasonably protect you.

If you have any other questions, contact me.

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Answered on 2/15/07, 3:04 pm

Re: Public Records/Privacy/Intimidation

I am not sure that reading off a social security number would rise to the level of witness intimidation, no matter how creative the Town Police tried to be. As a complaining witness in a criminal matter, your information is required to be made available to a defendant for purposes of investigation/background checks to be conducted; the same rule applies for any potential witnesses. The General Public does not have access to this information and the police Department cannot release it to members of the public.

From a practical perspective, obtaining a person's social security number is not very difficult for someone who is determined. Although this information should be kept confidential, most people give it out online, over the phone, or inevery day applications for a variety of things. Subscribers to credit reporting agencies have access to your name, address, SSN, date of birth, emplyment, and credit history, and there is no process to screen who applies - they just pay the required fee.

If you are concerned about credit fraud, keep an eye on your credit report and/or contact the three major credit reporting services to insert a notice that identity must be confirmed before any credit is issued.

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Answered on 2/15/07, 3:48 pm


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