Orlando, FL asked in Banking, Civil Litigation, Consumer Law and Identity Theft for Florida

Q: My bank leaked all my sensitive personal information via email to another person

I have requested from my bank to email me a form which i was supposed to sign, so i can add an employee to be able to make payment through the businees account. They needed him to go to the bank so they can put his name on the form and email it to me to sign it. They did email me the form on which they have enterred my full social, address, names, and the infomation of my DL. But notly emailed it to me but to the employee as well. When i asked them why via email, they just said sorry. Am i able to sue them, for neglect of dealing with sensitive information?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Business Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Unless there is a statute giving you the right to recover a penalty in the absence of provable money damages, you can't recover. The old adage "no harm; no foul" would apply.

Griffin Klema
Griffin Klema
Answered
  • Business Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: I disagree with Mr. Thorgaard's answer. Often there are what are called "nominal" damages for misconduct. There may be statutory provisions (besides common law negligence) that provide you with the right to sue for the bank's leaking the sensitive information. In the end, is it really worth it to bring suit against the bank for disclosing information to someone you know? If your identity is ever stolen, you might then wish to explore whether your employee or the bank in any way caused that harm. I suggest keeping any emails or other messages related to this disclosure as possible valuable evidence should the future need arise.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.