What constitutes a breach of privacy by a bank employee?

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What constitutes a breach of privacy by a bank employee?

While at a bank a friend of mine mentioned my name in a conversation with a bank employee. The employee responded that they knew me and that I banked there. Do I have a case for breach of privacy?

Asked on November 28, 2010 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, you do not have a case for breach of privacy. First, the tort of breach of privacy is based on the release of information which a reasonable person would find offensive to release--e.g. private details about health, a social security number, etc. However, whether or not you bank at a certain bank is not the sort of information that the average or reasonable person finds offensive to be released.

Second, even if there was a violation of your rights, you can only bring a legal action for the damages you've suffered. If you haven't actually suffered some loss or injury, there's nothing to sue for. It is difficult to see how confirming to a friend that you bank at a certain location has caused  you injury for which you could receive compensation.


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