confidentiality laws

confidentiality laws,CA

recently i purchased an airline ticket from a big travel agency. in which time, all of my information was released to my ex after i left the building. one of the employees called him and told him everything about my account such as how much my ticket was, where i was going , when i was leaving, how i paid, when my flight left and where from. i found this all out when he was mad and told me that i bought the ticket from his friend and she gave him all of my information. i am currently going through a custody fight so this made matters worse. when i called to complain they offered me an apology and that was it. the confidentiality law was broken. no discipline action was taken on the woman that gave out my information. and no compensation was offered. should i be settled with an apology after all the trouble this caused for me??
thank you
please feel free to email me at [email protected]


[Edited by chazelle on 03-09-2001 at 08:24 PM]

Re: confidentiality laws,CA

My response:

There's no such thing as a "Confidentiality Law" in California - except for doctor / patient, priest / penitant, attorney / client, and between spouses in a criminal matter. There's no confidentiality between Customer / Travel Agent - - unless they made "confidentiality" a part of a written contract of doing business with you.

IAAL


[Edited by I AM ALWAYS LIABLE on 03-09-2001 at 10:48 PM]

response..am i misunderstood?

actually there was a confidentiality law. i called and asked an the manager said that there is a law that they are not allowed to give that information out. that is why she was so apologetic. she said even people that call and ask questions they are not allowed to give that info out. that is why i am upset. my information was given. not even asked for. and how i purchase and how much should be no ones business.

Re: response..am i misunderstood?

chazelle said:

actually there was a confidentiality law. i called and asked an the manager said that there is a law that they are not allowed to give that information out. that is why she was so apologetic. she said even people that call and ask questions they are not allowed to give that info out. that is why i am upset. my information was given. not even asked for. and how i purchase and how much should be no ones business.

Click to expand...

My response:

Actually, no there isn't.

It may be a "company policy" for employees never to divulge business information, but a company policy is not State law.

If you can point me to a law in California which would confirm your position, I'd be most appreciative.

IAAL

ok, Here is my possition in this. It may seem minor but they coukld have put her in harms way. They did not know whom it was nor what he/she was capable of to her or even her houswe while she is away. That is why they have confidentiality laws and being her ex they told this could very well be a unstatd threat. Who is to say he is not a stocke or violent?!? It is not only confiditiality but a way of pertecting a person in more ways then one.....

6275. It is the intent of the Legislature to assist members of the
public and state and local agencies in identifying exemptions to the
California Public Records Act. It is the intent of the Legislature
that, after January 1, 1999, each addition or amendment to a statute
that exempts any information contained in a public record from
disclosure pursuant to subdivision (k) of Section 6254 shall be
listed and described in this article. The statutes listed in this
article may operate to exempt certain records, or portions thereof,
from disclosure. The statutes listed and described may not be
inclusive of all exemptions. The listing of a statute in this
article does not itself create an exemption. Requesters of public
records and public agencies are cautioned to review the applicable
statute to determine the extent to which the statute, in light of the
circumstances surrounding the request, exempts public records from
disclosure.
___________________________________________________________
6205. The Legislature finds that persons attempting to escape from
actual or threatened domestic violence or stalking frequently
establish new names or addresses in order to prevent their assailants
or probable assailants from finding them. The purpose of this
chapter is to enable state and local agencies to respond to requests
for public records without disclosing the changed name or location of
a victim of domestic violence or stalking, to enable interagency
cooperation with the Secretary of State in providing name and address
confidentiality for victims of domestic violence or stalking, and to
enable state and local agencies to accept a program participant's
use of an address designated by the Secretary of State as a
substitute mailing address.

Kristi56 said:

6275. It is the intent of the Legislature to assist members of the
public and state and local agencies in identifying exemptions to the
California Public Records Act. It is the intent of the Legislature
that, after January 1, 1999, each addition or amendment to a statute
that exempts any information contained in a public record from
disclosure pursuant to subdivision (k) of Section 6254 shall be
listed and described in this article. The statutes listed in this
article may operate to exempt certain records, or portions thereof,
from disclosure. The statutes listed and described may not be
inclusive of all exemptions. The listing of a statute in this
article does not itself create an exemption. Requesters of public
records and public agencies are cautioned to review the applicable
statute to determine the extent to which the statute, in light of the
circumstances surrounding the request, exempts public records from
disclosure.
___________________________________________________________
6205. The Legislature finds that persons attempting to escape from
actual or threatened domestic violence or stalking frequently
establish new names or addresses in order to prevent their assailants
or probable assailants from finding them. The purpose of this
chapter is to enable state and local agencies to respond to requests
for public records without disclosing the changed name or location of
a victim of domestic violence or stalking, to enable interagency
cooperation with the Secretary of State in providing name and address
confidentiality for victims of domestic violence or stalking, and to
enable state and local agencies to accept a program participant's
use of an address designated by the Secretary of State as a
substitute mailing address.

Click to expand...

My response:

I presume the above laws were placed on this thread to bolster the writer's argument. These laws are not on point; and therefore, do nothing to assist our original writer.

The above laws concern "Public Records" e.g., driver's license and driving record information, among other forms of Public Records, i.e., Governmental documents. As an example for the above laws, I could not merely walk into a DMV and ask for, and receive, the driving records of our original writer. Also, the second law submitted "is to enable state and local agencies to respond to requests for public records."

The above laws have nothing whatever to do with protecting information in "private" transactions or contracts, such as is created between a customer and a travel agent - - or any other private transaction, such as the deal made between car purchaser and seller.

Therefore, I am still asking our original writer for a law that would cover privacy and / or confidentiality between a customer and a travel agent, or customer and any other form of private transaction / contract.

IAAL

ok, iaar, the reason why i wrote on this page was to ask advice. i am not an attorney nor a legal advisor. that is why i asked the question i did. i wanted information. i appreciated kristi's response, and i agree that regardless is was an invasion of my privacy and it was only a question. if i could point you to a law i would'nt have had to ask for advice. i talked to an attorney and they told me i can take the travel agency to small claims court if i wanted to. thanks for all of your responses.

My further response:

The following may be of "some" help to you; at least the Evidence Code Statutes quoted therein:

https://forum.freeadvice.com/showthread.php?threadid=47138

Good luck to you.

IAAL