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Legal question regarding California privacy laws

Discussion in 'Other Off Topic Forum' started by El Wayne, Oct 21, 2005.

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  1. El Wayne

    El Wayne F1 World Champ
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    #1 El Wayne, Oct 21, 2005
    I was in retail store yesterday and paying for my purchase with a credit card when a verbal dispute broke out between myself and another patron. The other patron was very irrational and ended the discussion by making a ridiculous threat to take actions against me, something that I casually disregarded. I was shocked, however, when this patron asked the store clerk for my information and, without hesitation, she offered up my first and last name!

    I know that Federal privacy laws are pretty lax, but California is a different matter. Is anyone here familiar with California law regarding that merchant's responsibility to guard my personal information? I've been reading the information here:

    http://www.privacyprotection.ca.gov/index.html

    The only relevant items I could find were these "principles:"

    Purpose Specification
    The purpose for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfillment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.

    Use Limitation
    Personal data should not be disclosed, made available or otherwise used for purposes other than those specified as described above, except with the consent of the data subject or by the authority of law.

    Security Safeguards
    Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorized access, destruction, use, modification or disclosure of data.

    Also found this:

    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1798.80-1798.84

    But not sure if providing only my name constitutes a violation. If anyone here has relative personal experience or is more familiar with the specific laws, I would appreciate your input. Thanks in advance!
     
  2. mbmike

    mbmike Formula Junior

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    #2 mbmike, Oct 21, 2005
    I hope you got the clerk's information. If anything happens to you, turn around and sue the clerk AND the store right away.

    I just finished a retail stint at Macys (in California), and they were very concerned about the privacy of customers. As a clerk, you deal with lots of personal information (for signing up for credit cards, etc). The company threatened us with our jobs if the information was mishandled. I think telling another patron your name without your consent counts as mishandling.
     
  3. El Wayne

    El Wayne F1 World Champ
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    #3 El Wayne, Oct 21, 2005
    Thanks, Mike. I did get her information. Odds are that it counts as mishandling according to company policy, but I'm trying to find out if it was also a violation of the law.
     
  4. Texas Forever

    Texas Forever Eight Time F1 World Champ
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    #4 Texas Forever, Oct 21, 2005
    Well hell, Wayne. You're normally such a jerk that I don't blame the clerk for outing your butt...

    Dale
     
  5. SrfCity

    SrfCity F1 World Champ

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    #5 SrfCity, Oct 21, 2005
    I'm sure you could get the clerk fired if you wanted to make a fuss.
     
  6. El Wayne

    El Wayne F1 World Champ
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    #6 El Wayne, Oct 21, 2005
    You know me: loud-mouthed, outspoken, boisterous trouble maker that I am! ;)
     
  7. 134282

    134282 Four Time F1 World Champ
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    #7 134282, Oct 21, 2005
    A fuss shouldn't even be needed - just merely mentioning it to management should extinguish her position there immediately...

    Wayne, what exactly were you and this other patron arguing over...? Was it store-related...?
     
  8. El Wayne

    El Wayne F1 World Champ
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    #8 El Wayne, Oct 21, 2005
    No.
     
  9. 134282

    134282 Four Time F1 World Champ
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    #9 134282, Oct 21, 2005
    Well that makes it even worse, but i get the feeling you're reluctant to talk about it...
     
  10. MarkPDX

    MarkPDX F1 World Champ
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    #10 MarkPDX, Oct 21, 2005
    Last edited by a moderator: Sep 7, 2017

    Maybe it's all those drunken ruffians you hang about with!
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  11. FarmerDave

    FarmerDave F1 World Champ
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    #11 FarmerDave, Oct 21, 2005
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  12. 134282

    134282 Four Time F1 World Champ
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    #12 134282, Oct 21, 2005
    LMAO...! Wayne and i were practically inseparable that weekend...! :)
     
  13. El Wayne

    El Wayne F1 World Champ
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    #13 El Wayne, Oct 21, 2005
    Uhm, that might have had something to do with the fact that I had a car and you didn't have cab fare.
     
  14. CMY

    CMY F1 World Champ

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    #14 CMY, Oct 21, 2005
    I think we all missed the obvious here.. what was this 'verbal dispute' about? :)
     
  15. matteo

    matteo F1 World Champ

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    #15 matteo, Oct 22, 2005
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    Wayne was buying a hot dog at "hot dog on a stick" and asked about the dark mustard. The "patron" then said that dark mustard is not corn dog material. Wayne repiled, "What? are you kidding? Let me guess, you are a relish freak". The patron then replied, " Listen here, dark mustard is for regular, spicy, hot dogs, Not corn dogs." Wayne, now worked up into a frenzy, lashed out. "If you think so. Why would I take advice from someone that wears a brown belt with black shoes with the gig line (for you former military types) out of wack."

    Then the "patron" challenges the girl from behind the counter.....Still dizzy from POUNDING, UP AND DOWN, UP AND DOWN, UP AND DOWN, UP AND DOWN, UP AND DOWN, UP AND DOWN, making that damn lemonade, offers Wayne's first and last name.

    That, is how it went down.
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  16. mbmike

    mbmike Formula Junior

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    #16 mbmike, Oct 22, 2005
    Doing a little basic research, I don't know if you could press criminal charges, but it seems like there might be precendent in California for a tort claim against her...I'll look a little more in the morning...
     
  17. CMY

    CMY F1 World Champ

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    #17 CMY, Oct 22, 2005
    Hawt damn.. I didn't know Wayne was one of them metrasexual types! Is there a parade I can participate in to show my support?
     
  18. wax

    wax Five Time F1 World Champ
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    #18 wax, Oct 22, 2005
    Your name is personal. Your name is data. Your name is personal data.

    Were a police officer or detective investigating, then the clerk should comply, so as to assist the official.

    This was not a police officer or detective.

    This is a breach of privacy.

    The clerk was not authorized by you, credit card company, nor in all likelihood, management to disclose your name/data at the drop of a hat to Joe or Joan Blowhard.
     

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