Is there a time limit on when you can file a privacy lawsuit.
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Thank you for the post, I am happy to assist you by answering your questions. By privacy lawsuit do you mean invasion of privacy?
yes
Thank you, XXXXX XXXXX state did the invasion of privacy occur?
I live in the state of Indiana I am a disabled veteran and I worked for the Department of Veteran Affairs and during my employment there my co-workers violated my privacy and i want to put in a invasion of privacy claim but i am being told know that i must file it within 180 days from the violation.
Thank you, XXXXX XXXXX suing the employees or are you seeking to sue the VA?
Well I thought I could only sue the VA that was the route i was going. But i need to know if there is a time limit. I will do both if necessary.
ok, were they acting at the direction of the VA when they invaded your privacy, or were there acting on their own?
on there own ,,Well I thought I could only sue the VA that was the route i was going. But i need to know if there is a time limit. I will do both if necessary.
they were at work when this happenned
r u still there
Thank you, XXXXX XXXXX to sue the VA falls under the Federal Tort Claims Act and per 28 U.S.C. § 2401(b)your claim be presented to the VA within two years of accrual. If the VA fails to act within 6 months of your claim being presented administratively, then you have six months to file in Federal Court. Regarding suit against the employees in their personal capacity, you have 2 years from the date of the invasion of privacy to file suit against them. For your reference, here is a guide on suing the VA: http://www.tullylegal.com/forms/Guide_to_Suing_the_Department_of_Veterans_Affairs.pdfPlease let me know if you need additional guidance.
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my other question is because the co-workers went into my medical file there are dates in which they accessed my records i was told there is a 180 day limit on that as well. and that under the tort law i may have waited to long to file a law-suit.
Thank you for the follow up. Though the same period applies. The time to sue the VA falls under the Federal Tort Claims Act and per 28 U.S.C. § 2401(b)your claim be presented to the VA within two years of accrual. If the VA fails to act within 6 months of your claim being presented administratively, then you have six months to file in federal court. Regarding suit against the employees in their personal capacity, you have 2 years from the date of the invasion of privacy to file suit against them. For your reference, here is a guide on suing the VA: http://www.tullylegal.com/forms/Guide_to_Suing_the_Department_of_Veterans_Affairs.pdf
if coworkers access my medical file is there a time limit of how many times they have to access it to make it a case.
No, there is not. As little as one instance of accessing your medical file is enough to sustain a claim.