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Is it Legal for an employer to give out my personal cell number to someone posting on craigslist without my permission?
Anonymous2 views3 answers
My travel nurse company gave out my personal cell number to someone who had housing listed on craigslist. this was given out without my authorization. I feel that my data information privacy right was violated. If nothing else it is an ethics violation. I have contacted the HR department but they are not doing anything about it. It could have become a safety/identity theft issue in my opinion because it clearly states not to give out personal information on craigslist yet my travel nurse company did just that.
Additional information
I have emails from the housing rep who admits in the email that she did indeed give out the information. I also have emails from the HR rep who basically states that it was all done innocently to try and secure housing for me on my assignment. I stated that they could have sent me the information and I then could have contacted the craigslist poster if I was interested in the property. They should have never given out my personal cell number to someone off of craigslist without my permission no matter how innocent they think they are.
This is not a civil rights violations since it was not the government. It is legal as there is no criminal penalty that I am aware but it may be negligent or other possible claims such as disclosure of private facts.
I agree with the earlier attorney: your only claim would be for negligence or a negligence-based tort.
However, you're going to have to prove damages in order to prevail on a negligence claim. It sounds like you've had some emotional distress, but no physical injury to other quantifiable damage. You talk about this COULD HAVE been a safety or identity theft issue, but apparently it WAS NOT.
Generally emotional distress in the absence of physical injury is difficult, if not impossible to recover for. The causes of action vary by state, but that's the general rule.
I think your best bet is to be glad nothing worse happened, make clear that you are displeased with the company (which it appears you've already done), and move on.
You are likely only going to spend time, effort, and emotional energy on further pursuing this matter, and not gain anything further from it.
- Neil Wehneman
I agree with my colleagues. Moreover, why would you believe that your cell telephone number and/or home telephone number is private information? Ordinarily that is not so. And how is this a significant risk of identity theft?
Even more importantly, I seriously doubt that you suffered any tangible injury in this situation. You can hardly expect to bring a law suit based on these allegations---law suits are expensive, lawyers are expensive, and courts are busy---and it sounds to me that you would be wasting everyone's time and money if you insist on pursuing this. The costs of lawyers and court proceedings would far exceed any damages you could collect--and in any event I seriously doubt that you have a legitimate legal claim here.
And most important of all---what is really going on here and why are you upset? Your employer tries to help you find housing for an assignment but you complain when your employer gives out your cell telephone number. I am unaware of any law, rule, regulation, ethical constraint, contractual obligation or other reason why your employer should not have given out your cell phone number in this situation. This only goes to show that no good deed goes unpunished
