Privacy

[JNothing]

I was involved in an auto accident last week. Since then, I have received nonstop telephone calls and letters from telemarketers. My telephone number is private and there is no way for anyone to find either my phone number or my address without my consent. When I contacted the local police department, since they are the only ones who I gave my information to, I was informed that anything on a police report is public information. My name, my address, my telephone number, even my social security number. I was wondering if anyone knows the legality of this. What good are privacy laws if the police department is allowed to freely give out all of my personal information? Any advice on this matter would be greatly appreciated.

 

[Michael Wechsler]

First of all, why do you suspect that your information was given out to telemarketers by the police? A week is very, very fast and usually such expeditious dissemination is not the traditional route. I'd doubt that the police department was the source and I'm guessing that somehow your telephone number got there some other way, e.g. any online or telephone ordering where your number was required ostensibly to deliver packages. Additionally, your number could be on a random list that has been verified as a home telephone. Not all information you gave to the police is public information, at least not to my knowledge. Some things are a matter of public record, e.g. a civil case filed in court.

Check out the information here about the New York Do Not Call Registry. You can view it at http://forums.thelaw.com/showthread.php?threadid=230 .

I usually put in various identifiers to identify the source of junk mail. For example, I have a domain name that resolves all individual accounts, e.g. all@xyz.com goes to me at xyz.com even if it is amazon@xyz.com, outpost@xyz.com, etc. This way I know who sold me out when my info is magically included in their profile. Another way is to something mixed up in your name when you request free subscriptions. My last name is sometimes misspelled (or you can add an extra letter) and then the free magazines like Fast Company will list it, as well as all the other junk resulting from it.

 

[JNothing]

THe reason I mention the police is that all of the telemarketers ar chiropractors and lawyers. When I called the police department and explained the situation, they admitted to giving out my police report to varioius lawyers who requested all reports involving auto accidents. My problem is that when I requested copies of my report from another city, they blacked out the personal information of everyone involved, including me. The seargeant at the current police department told me that ALL of the information on a police report, including my social security number, are now public information that his department gives out.

 

[Michael Wechsler]

In most states that I am aware it is a violation of legal ethics to contact an accident victim by phone or direct mail within a certain period of time, usually 30 days. If you would like, send information to privacy@thelaw.com and att: Michael and the company might be able to help resolve the situation. It's hard to believe that someone would even telll you that over the telephone. You should write down the names and numbers of the people who contact you.

Below is a case that I found dealing with Professional Ethics in the state of Ohio that you might find interesting:

Cincinnati Bar Association v. Edward G. Rinderknecht , 79 Ohio St.3d 30, 679 N.E.2d 669 (June 18, 1997). The Respondent conceived of a program, in conjunction with a doctor and a business consultant, in which recent accident victims would receive telephone calls from employees of the program. The caller would attempt to secure the medical and legal business of the accident victim for the doctor and the Respondent. Respondent also hired a non-lawyer to organize his office. The Respondent introduced this non-lawyer to a chiropractor. The chiropractor ultimately hired the non-lawyer to market the chiropractor's office. To do this, the non-lawyer created the Ohio Accident Assistance Program (O.A.A.P.). O.A.A.P. hired telephone solicitors to call accident victims to inform them of their rights and to steer business to the lawyer and the chiropractor. O.A.A.P. was paid $1,075 per month by the Respondent to provide this service. The lawyer and the chiropractor also paid a man named Robert "L.A." Jackson to drive individuals to and from their offices for appointments. "L.A." would monitor a police scanner for accidents and arrive at the scene, often before the police, offering transport to the victims. "L.A." would receive between $100 and $200 for each referral. The Respondent was indefinitely suspended.