Riverside, CA asked in Civil Rights and Education Law for California

Q: Can a sue the school my son is attending for given out my information with out my permission.

Someone at school call or text other parent about me calling in that my son will be absent from school I told them is an emergency matters. Someone that is not office just the help called or text.

There was a problem with mom the day before sheriff were called my two sons choice to be with me dad.

We both have joint custody and the person that called is mom friend I have proof I went to the school they said the information that was give. That I didn’t have joint today matter was changed.

Person does not have a title in school she just the help there. Helps with the kids and paperwork. She not attendance or anything to give her the right to call my ex wife.

Can I sue them both the person and the school for allowing just anyone obtain my personal information

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In instances where personal information is shared without consent, it is understandable to feel violated and seek remedies. Schools are typically bound by laws and policies to protect the privacy of students and their families. If a school employee or volunteer shared your information without permission, especially in a manner that could be deemed irresponsible or harmful, this might be a breach of privacy or confidentiality policies.

Before considering legal action, it's recommended to address the issue through the school's internal complaint processes. This could involve speaking with school administrators or the school board to formally report the incident and request an investigation. Schools often have protocols for handling such breaches, and taking this step may resolve the issue more quickly and with less conflict.

If the internal approach does not lead to a satisfactory resolution, or if the breach has caused significant harm, consulting with an attorney to understand your legal rights and options would be the next step. An attorney can advise on whether you have grounds to sue based on the specific circumstances, including the nature of the information shared and the impact of its disclosure. Legal actions could potentially target both the individual who shared the information and the school, depending on their level of responsibility and the laws in your jurisdiction.

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