View Full Version : Can I sue agencies for violating my privacy rights
butterfly2418
Apr 22, 2011, 09:35 AM
I feel my son and my privacy rights have been violated by a few agencies. I got out of a domestic violence situation and went to stay at a local women's shelter. The shelter stated that everything was private and confidential and no one would know we were residing there, a few days later my son's school sent me mail there. My advocate also told me that she talked to someone from my son's school on the phone about our situation, then tried to get around the whole situation. CPS came to see me on several occasions and the shelter let them in so that I could talk to them. Meanwhile I never gave the shelter permission to reveal my residency there. Too much to mention but that is some of the things that happened.
smoothy
Apr 22, 2011, 09:46 AM
Since you mentioned advocate rather than lawyer... exactly where do you live? Ireland? The UK, Australia, Canada, USA?
AK lawyer
Apr 22, 2011, 10:24 AM
... The shelter stated that everything was private and confidential and no one would know we were residing there, ...
The shelter violated its own rules, but probably didn't violate any "privacy law". Also, you didn't indicate that you have been in any way damaged. In other words, "no harm, no foul".
You should write the shelter a letter protesting the fact that it violated its rule. And if you want to be really mean about it, send a copy to the editor of the local newspaper. But you don't have lawsuit material.
Alty
Apr 22, 2011, 11:23 AM
I'm not a legal expert, but one thing I think you should keep in mind. Your son very well could have told the school where he was staying.
Also, did your son change schools? If not, whoever you were hiding from at the shelter, would most likely know where your son goes to school. So, how protected was he really?
I have to agree with AK, I don't see where you have a case to sue. The reason to sue someone is to recover losses you incurred because of them. Did any of this harm you financially or physically? If not, you have no case.
ballengerb1
Apr 22, 2011, 11:55 AM
So let me get this straight, you want to sue the shelter who took you in? If so, how did this "violation" damage you?
smoothy
Apr 22, 2011, 12:03 PM
Privacy rights are very rarely what the average person might think they are. We can't know specifically what her rights might or might not be until we have an idea where she lives.
Anyone can tell you anything... your only rights are what the LAW says you are entitled to.
Alty
Apr 22, 2011, 12:10 PM
I agree Smoothy, but unless she has damages, I don't know of any country that would consider a law suit just because her so called "privacy" was violated. Of course she can sue, anyone can, but will she win? Not if she hasn't suffered any damages.
Also, the fact that her son went to school, most likely the same school he attended before she went to the shelter, begs the question "was she really concerned about her own privacy and safety"?
If I had to go to a woman's shelter (to escape an abusive spouse, or SO) I wouldn't be sending my kids to the same school they went to before, and still expect no one to find out where I am.
The school needs the info on where the students are living, and it's very possible that the son, not the shelter, told them where he's staying.
AK lawyer
Apr 22, 2011, 12:25 PM
... it's very possible that the son, not the shelter, told them where he's staying.
Or the advocate. OP suggests as much: "My advocate also told me that she talked to someone from my son's school on the phone about our situation, then tried to get around the whole situation."
Changing the subject suggests to me that she had a guilty conscience. :cool: