Is my employer legally required to tell me if they lost my personal file which would include my SSN, address and date of birth?

UPDATED: Aug 4, 2011

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Is my employer legally required to tell me if they lost my personal file which would include my SSN, address and date of birth?

my employer moved recently and is asking for a copy of my SS card again. I’m afraid they may have lost it. Are they required to inform me if so? Are they required to offer me some kind of credit monitoring package?

Asked on August 4, 2011 New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, there is no legal requirement to tell you that they lost this information. Nor are they generally required to offer you a credit monitoring package, though IF you sue them, seeking to force them to pay for credit monitoring, and you can prove that they were at fault in losing the information (e.g. that they were unreasonably careless, or negligent, in some fashion), then you might be able to get them to pay...though the cost of a lawsuit would more than negate the value of having them pay for credit monitoring.

If it turns you that your ID is stolen and you suffer damage, if there is evidence that it was because of their negligence, you may in that case be able to sue them for the losses you incur, though proving causality--i.e. that they are why your ID was stolen--may be difficult or impossible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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