Can I take leagal action if my privacy rights were violated?

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Can I take leagal action if my privacy rights were violated?

A family member was able to obtain all information history on my auto loan; they are not on this account and I was never asked permission.

Asked on July 14, 2010 under General Practice, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You might possibly. There are several factors to consider.

1) Did the party that violated your privacy have any duty to you to keep the information private? It would seem so from what you right, because the lender or auto dealer should not have disclosed this information to another.

2) Was the information such that a reasonable person would be offended were it released? (Important: the issue is not whether you were offended; it's a generic, "reasonable person" standard.) This depends on precisely what information was released; e.g. if it's just information relating to how much you paid for a car, that's not particularly private or offensive.

3) Was the information available from some publically available or other source? If so, it may not be a violation to have released it.

4) And has the information damaged you in some way? If it hasn't there's not really anything to sue over.

If the answers to 1), 2), and 4) were yes and the answer to 3) was no, you should consult with an attorney who can evaluate your case in more detail. Good luck.


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