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RobertJDFL
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On 2012, I received a letter from EDD-Disability. This address

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On 2012, I received a letter from EDD-Disability. This address window displayed my full name, home address, and SSN. I made phone calls to EDD to complain about this issues, but never received a call back. I also p filed a complaint online, which I never was contacted about. Lastly, two weeks ago, I was in the EDD Unemployment One-Stop Job Center and filed a written complaint. I have not received any response as of this moment. What are my rights under HIPAA Act?
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

HIPAA laws only apply to medical service providers - hospitals, doctor offices, and the like, so it would not apply to EDD-Disability. HIPAA also does not provide for any type of civil damages - only potential fines and other sanctions against medical providers who violate HIPAA laws, so even if it did apply to your situation, you would not have any personal remedy.

That said, this could potentially be an invasion of privacy issue by disclosing your social security number on the letter. However, in order to have any type of successful legal claim, you would have to prove damages - that is, that you suffered harm as a result of your social security number being visibly displayed (for example, that someone used your social security number to apply for credit and ran up debts in your name, damaging your credit).

The only address I have found for complaints regarding the EDD was this one, and I'm sure you have already sent a letter:

Employment Development Department
800 Capitol Mall, MIC 83
Sacramento, CA 95814

Unfortunately, outside of filing a complaint, I do not see a legal remedy.





Customer: replied 1 year ago.
So, basically, I have to watch my credit (which I already do) for the rest of my life. If I do find something, then I have a legal case against them?
Expert:  RobertJDFL replied 1 year ago.
We should all monitor our credit regularly, like you do, anyway. If you are concerned that you are at risk now, you can actually contact the credit bureaus and ask them to place a flag on your accounts so that if someone does try to open new accounts, they notify you to ensure that it is in fact you, and not someone else.

The contact information for the credit bureaus can be found here:

http://www.aprfinder.com/credit-bureau-phone-numbers

If you later find something, I'd say you MIGHT have a case - it would depend on whether you were able to prove that your credit was in factr accessed as a result of what EDD did. That could be very difficult to prove, because there are so many ways people can hack your credit, so tracing it back to them would be tricky.

RobertJDFL, Attorney
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Experience: Experienced in multiple areas of the law.
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