I feel like I should sue, but who? and can I?

I received a letter from NYS Workers Compensation Board in reference to acquisition of my private information. Basically it is stating that my case file was improperly accessed by Health Care Subrogation Group without authorization and accessed my name and social security number.

They said that the info hasn't been used and the files in possession of hcsg have been destroyed. What I am concerned with is the fact that they still have my social security number and I am now thinking of a law suit against either the board for allowing this or the subrogation group for violating my privacy! Do I have the right? What can I do about this? I'm very concerned about this HCSG having my personal information.

Thank you!

If you need, here is the full context of the letter:

Re: Acquisition of Your Private Information

Dear Injured Worker:
The New York State Workers' Compensation Board (Board) has determined that private information contained within your workers' compensation case file was improperly accessed by Health Care Subrogation Group (HCSG), a company hired by health insurers to recover medical expenses from workers' compensation carriers. Specifically, HCSG, without authorization, accessed documents in your Board file that contained your name and social security number.

The Board's investigation has revealed that HCSG did not use the improperly accessed files in any manner whatsoever. As soon as it was discovered that the files had been improperly accessed, HCSG secured and isolated these files. Please be advised that all improperly accessed files in the possession of the HCSG have been destroyed. In addition, the Board has taken corrective measures to insure that a breach of this type does not occur in the future.

This notification is being provided to you in accordance with New York State Technology Law 208, which requires any state entity that owns or licenses computerized data that includes private information to disclose any breach of the system's security following the discovery or notification of the breach to anyone whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. Although HCSG was authorized to access the case file management system in connection with other files, they were not authorized to access your file. Such access arguably constitutes a breach of the Board's security system under the law.

Any questions, comments or request for further information regarding this security breach should be addressed to:

New York State Workers' Compensation Board
Office of General Counsel
20 Park Street
Albany, NY 12207

and they list email and phone number of General Counsel...

I thank you for any advice/help you can offer.

What are your damages at this point?

I don't have any damages. I haven't had workers comp for many many years, but for some reason I guess they keep old case files. I was surprised to receive mail from them, but the fact that some subrogation group got into my old files and obtained my personal info upsets me. Even though workers comp deleted my file, it doesn't take away from the fact that this subrogation group has my social security info and I have no idea what they can do with it in the future. I'm upset and wonder if I should attempt to sue either group for the violation of privacy?

I spent over an hour researching the Federal Privacy Act of 1974 (and all it's amendments) and can find nothing that allows for damages based solely on the release of one's SSN. Basically these means, no damages, no lawsuit. You would be surprised how many places, agencies and such have or have access to your SSN.

If you are truly worried, contact a lawyer that handles Compensation Claims. Chances are he will know more details that lay people can and the initial visit are usually free.

If he can't help, ask for a referral to a lawyer that does handle this type of case. My guess would be that there is little you can do since YOU don't own those files, Workers Compensation does.

And yes, I too would be angry as hell want to do something. But that is the worst way to settle a dispute. When you play with the big boys, get a lawyer!

Thank you all for your help! I'm going to call the workers comp office number given on the letter and let them know that I'm unhappy and for better reassurance, and just let it be. Now if something happens in the future then I will seek out a lawyer.