California Privacy Law: Use and Protection of an Employee’s Social Security Number

Few pieces of personal information is as important as a social security number (SSN). A person’s social security number is at the heart of any important decision that can be made. Moreover, its utilization for identifying a person and their related financial, health, and employment information means that it should be treated with the utmost confidentiality by employers, especially In today’s technical world where more and more groups attempt to obtain personal information for illegal or nefarious means.

Identity theft aside, every California employee enjoys protection under the law for how their social security number is used by their employer. When the employer fails to protect this extremely sensitive information, it can have dire consequences.

Free Consultations for California Employees

Maison Law takes the privacy of every employee very seriously. When that privacy is violated in the workplace, or information is gathered and used illegally by an employer, the employee has legal rights to gain compensation. Contact Maison Law today for a free consultation to learn more.

Why Does an Employer Need an Employee’s Social Security Number?

Obviously, there are some legitimate reasons that an employer would need an employee’s social security number. These reasons typically revolve around the employer being able to:

• Verify the employee’s identity
• Verify the employee’s work authorization status
• Complete a background check on the employee

But the fact remains that social security numbers are the key to almost every relevant piece of information that can be found on a person. That’s why there are laws in place that govern how California employers can use their employee’s social security number and the steps they have to take in order to protect it.

How Does California Law Protect an Employee’s Social Security Number in the Workplace?

In California, there are general protections in place that cover a person’s social security number that extends to employees in the workplace. Pursuant to these laws, at least as it relates to employers, outlaws the following actions:

• Posting or displaying an employee’s Social Security number in any way.
• Printing the employee’s Social Security number on any insurance cards, employee ID cards, security badges, or any other method that the employee would use to access services or products provided by the employer.
• Requiring the employee to electronically transmit their Social Security number, unless the connection is secure or the Social Security number is encrypted.
• Requiring the employee to use their Social Security number as a means to access an internet site.
• Printing the employee’s Social Security number on any materials that are mailed to the individual, unless the law requires it to be on the document. This is most commonly associated with the mailing of tax documents, and the mailer requires an envelope.

Importantly, there are two exceptions to the law. Under these conditions, California employees can use the employee’s social security number if:

• They are using the social security number for internal verification or administrative purposes.
• They are using the social security number in accordance with applicable state or federal law.

Another key law involving an employee’s Social Security number is the California Consumer Privacy Act (CCPA). This law provides the following protections for employees:

• The right to know what information is collected or disclosed about them, including the sources, purpose of, and which third party was given access to that information.
• The right to access their own personal information.
• The right to request that their information be destroyed by the employer that is illegally storing it.
• The right to a workplace free of retaliation and discrimination for reporting a violation of the CCPA.

Data breaches will happen, especially as technology becomes more and more advanced. Still, these breaches are often the result of a company mishandling this information. When an employer fails to abide by the law, and an employer’s Social Security number is revealed in the process, they have a clear right to take legal action to recover damages.

Bringing a Lawsuit Against the Employer

Again, the law gives the employee an absolute right to privacy, and is even more protective when their Social Security number is involved. In terms of actual harm, it’s hard to overstate just how harmful it can be when an employee’s Social Security number is either stolen or released. Any number of potentially grievous outcomes are likely to result. As such, California employees who suffer privacy violations are entitled to file a civil lawsuit in an attempt to gain the following forms of compensation:

• Lost wages or back pay, in the event they quit or are fired from their job.
• Emotional distress damages
• Damages for loss of reputation or enjoyment of life

Because these violations of privacy are so damaging, and because they occur because of the negligence of the employer, the employee is also likely to recover punitive damages. Punitive damages are designed to punish the employer for their actions, and usually involve a monetary award in addition to the other damages the employee could recover.

Maison Law Stands Up For the Privacy of California Employees

An employee’s Social Security Number is vital to the security of their personal information. Even though they have to provide it to their employer, employees should still be able to trust that it will be kept confidential and not be treated recklessly. But when that does happen, attorney Martin Gasparian and his firm, Maison Law, will be there to stand up for the privacy rights of employees. Their firm works tirelessly to hold employers accountable when they fail to protect this extremely important piece of information. If you are a California employee that has been the victim of this violation of privacy, please do not hesitate to contact Maison Law today for a free consultation.