Does this violate The Privacy Act?
callktulu
Member Posts: 3,451 ✭✭✭
I was let go from employment on Sept 30th. I applied for Unemployment Benefits the next day on Oct 1st. They're backlogged, so it's been taking months to get a determination. As part of the process, the state/government office calls the employer to verify the claimant's information.
Yesterday, a state employee (her name is actually Carol) called my previous employer in an attempt to verify the information I entered for my claim. No one answered, so Carol left a message.
She did not leave a message that said "call me back."
Carol left a message that said "Jon 'Doe' says he worked for you from 'this date' to 'that date,' claims his annual salary was $XXX, and claims his severance was $XXX. Can you call back and confirm? Again, his name is Jon 'Doe' and the last 4 of his Social Security Number is XXXX."
Oh, did I mention this wasn't the Human Resources phone line? It was the "everyone can use and access this line to check messages for CUSTOMER SERVICE line!!!!!!!!!!!!!!!!!!!"
You read that correctly: she left my SSN and wages/severance information on an open line. Now EVERYONE at my previous employer knows this information. ALL OF IT.
Yeah, I'm pissed and waiting to speak to a lawyer.
Comments
I don't think it does, particularly if it was left in good faith believing they were leaving a message with HR.
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
Where did she get that number? I assume you provide them with a phone number for your employer when you filled out the paperwork to apply.
I don't think anything is going to happen.....but she needs a good chewing out so it doesn't happen again.
Yes, I provide "employer's phone number" as part of my claim. They didn't ask me for an HR number, and HR name, or anything like that. I provided the number that anyone and everyone can get from the internet.
It's not up to me to ensure they are speaking to an authorized person.
Privacy act is for medical information.
She did not give your full social security number so Inappropriate maybe but not illegal.
Don't waste your time or money on an attorney, it won't float.
Well, been involved directly and indirectly with similar dealings and hate to say this, but NO ONE AND I MEAN NO ONE gives two craps about it and a lawyer will just add to financial distress.
Why were you fired? Don
The company was purchased by another, and despite platitudes to the contrary, they've let go of ALL but 4 employees.
For once in my life, it really wasn't my fault, other than hitching to a falling star. Hindsight, etc., blah blah blah....
My dad fired me one time. I was 17, working at the gun shop when I could. Mother sent me to the vet to pick up a bird that was their pet. It had flown into a ceiling fan and was injured. It was treated and ready to pick up, but someone had to leave work. So, when my parents walked in the door from work my dad said "you know you don't have a job now." My mom rolled her eyes and I just went about my business getting in as much trouble as possible with my aunt Jeannie who started working there after I left.
Simple, you must prove damages to win in any lawsuit......how are you damaged from this ?
"Never do wrong to make a friend----or to keep one".....Robert E. Lee
State employees work for the governor. He's in charge, may even plan to run for re-election. I'd send my complaint to the governor; it will cost you nothing.
Neal
A fair question. However, just because damages haven't occurred doesn't mean
1) that laws, policies, or other directives were not properly followed, or,
2) that there won't be future damages from this event.
I am very much a man of principles. I have NO DOUBT in my mind that Carol failed to follow her SOPs in some way. I am right to question that, and I do not need to explain to anyone why I am right to question wrong-doing.
The supervisor called me this morning to apologize. It essentially boiled down to Carol claiming she wasn't trained to specifically talk to HR, or not leave monetary or SSN info on a voice-mail.
I have a USAFA classmate who is a local attorney, and he and his firm specialize in information security. We talk this afternoon...
Let us know what the attorney says. I would also be a bit peeved that the information was handled that way but not sure what lasting harm it can cause you. The company you worked for might have a bit of a problem if your salary was more than the current new employees and they demand more but that won't effect you. Sorry you have to go through this unemployment stuff and searching for new employment. Best of luck in your search. Bob
Thanks, Bobjudy, I appreciate your encouragement!
Yeah, in theory, am employee could pretend to be me...
- Last 4 of my SSN
- Birthday
- Address
Last time I talked to to the VA, they asked me, "Just so we can verify your identity Capt Xxxxxxx, what's your Last four of your social and your date of birth, please? .... OK and can you verify your address for me, please, too? ... Thank you, Capt Xxxxxxx."
....just as an example.
I just went to a pharmacy I had never been to...The gal asked me for my last name...after hitting the keyboard she said you Thomas...last 4 XXX?...They already have your info... 😖
Combat Vet VN
D.A.V Life Member
That may be true, but not really the point. If they can't follow this rule to secure information properly, what other rules are not being followed?
OK, so late on Friday I spoke with my friend/classmate who is a local lawyer specializing in Information Security & Privacy.
He said without a doubt the state's "common law" statutes were violated. A case could be made for that very easily.
He also said that portions of the actual privacy laws are applicable, as well, and a case could also be made for that. He went into very specific details of how & why this situation violates the state's laws, and what could be done about it.
But in reality, because (so far) no damages have occurred (besides some very real emotional distress at the time it happened), it's probably not a wise lawsuit to pursue.
I will most likely send a letter to the Governor's office, and eventually, it will trickle down. My goal is that the gaps in their training and operational processes will be audited and corrected so this never happens to anyone else again.
It also puts the Unemployment office on notice, so that if it does happen again, they can't say "We didn't know we were in violation..."
That is a sensible response on both the lawyers and your part. Perhaps a lesson will be learned on the unemployment offices part. Kudos for trying to have others not go through the same thing you did. Bob
I'm glad you followed it through to the end and it looks like you've got a nice outcome planned. If you can make it so they take this seriously it will definitely keep it from happening again.
My hopes, exactly, thank you!