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CCLU: Privacy Rights In Connecticut, 2001 Edition

November 13, 2001

Copyright Permission Granted by the Connecticut Civil Liberties Union


The arrival of modern technology has created unique privacy concerns for many Americans. The ability of employers and the government to use electronic means to monitor numerous aspects of employees’ jobs, especially on computer terminals, electronic mail and telephones poses unique problems. Much of this monitoring is unregulated. Some federal and state laws do provide some privacy protections, but enforcement in the electronic age can be difficult.

This booklet should not be used as a substitute for a lawyer who may be able to apply the particular facts in your situation to the law that exists at the time of your complaint. If you believe your rights have been violated, you may want to contact an attorney who is familiar with privacy law.

In light of the terrorism acts of September 11, 2001, laws or the interpretation of laws may change. Since individual states have different laws relating to privacy issues, Connecticut’s laws will often differ from those in other states. In some areas, this state’s laws may be stronger compared to federal laws which relate to the same subject.

BANKS

Is my bank limited in providing information about its individual customers?

Yes. Financial institutions do have disclosure limitations, but they often require customers to sign waivers so information can be checked or shared with other banks or businesses. A waiver may not be required when providing information to a medical provider, the state Department of Administrative Services, the Department of Social Services, or the Department of Veteran’s Affairs. There are also exceptions for providing information to a judgment creditor and instances where there is a lawful subpoena, summons, warrant, or court order.

Will I receive notice from my bank if it is going to disclose information about me pursuant to a subpoena or court order?

Yes. You must receive a subpoena, summons, warrant, court order, or certified copy of such at least ten days prior to the date on which your bank is to disclose your records, unless a court waives this notification requirement.

Can I challenge a subpoena?

Yes. You may challenge a subpoena by filing an application or motion to quash with the court within the 10 day notice requirement. Your bank is then required not to send any information to the person issuing the subpoena until the court orders it to do so.

CONSUMER PRIVACY

What are “cookies” and what can I do to avoid them?

Cookies are files placed on the hard drive of a computer when a web site is visited. Web site administrators use cookies to track what web pages a person views. This information is often used to create web-based profiles, allowing companies to send “customized” junk e-mail. This practice is annoying at best, and, if an offensive site is inadvertently visited, can result in the receipt of offensive email. You can set your Internet browser to reject cookies. For information on how to disable cookies, see www.junkbusters.com/ht/en/cookies.html.

Can I prevent junk mail from coming to my house?

Yes. You can avoid receiving junk mail by writing to the following companies:

ADVO, Inc.
List Service Department
239 West Service Road
Hartford, CT 06120

Harte-Hanks
2830 Orbiter Street
Brea, CA 92821

Val-Pak Coupons Direct Marketing
P.O. Box 13428
St. Petersburg, FL 33733

What about telemarketers?

You can avoid receiving phone calls from telemarketers by putting your name on a “no call” list maintained by the Connecticut Department of Consumer Protection.

Department of Consumer Protection
Trade Practices Division
165 Capitol Avenue
Hartford, CT 06106
1-800-842-2649

CREDIT REPORTS

How private are consumer credit reports?

Not very. Most businesses can obtain easy access to your credit reports, which contain large pieces of information about your credit history. These reports contain social security numbers, credit payment records, and employment information.

Who can obtain a copy of my credit report?

Under the federal Fair Credit Reporting Act, anyone with a legitimate business need can access your credit history. This includes anyone from whom you seek credit, landlords, insurance companies, and employers. You should be aware that some businesses use credit reports for marketing purposes by selling information about you to those interested in selling you particular products or services.

Is there any information that is off limits?

Yes. The definition of credit report does not encompass medical information (unless you provide permission). Additionally, certain facts cannot be included in your credit report, including debts placed for collection that are more than seven years old.

Can I see what is in my credit report?

Yes. Credit bureaus must provide you with a copy of your credit report. There are three major companies, and you can write to any of them requesting a copy. The companies are: TRW (Tel. 888-397-3742); Equifax (Tel. 800-685-1111); and Trans Union (Tel. 800-888-4213 or 800-916-8800). Be aware there may be a small fee. For more information you can browse their web sites at: www.experian.com; www.equifax.com; or www.transunion.com.

If there is an error on my credit rating can I dispute it?

Yes. If the information on your credit rating is incomplete or inaccurate you can dispute any item by notifying the credit rating agency in writing. The credit rating agency must investigate the disputed information within 30 business days without cost to you.

If a business turns me down for credit, can I find out why?

Yes. A Connecticut law requires creditors to disclose to you the name and address of the credit-reporting agency which issued them your report. Upon written request, the agency must disclose to you the “nature and substance of all information in its files,” and must reinvestigate any disputed information without charge to you.

CRIMINAL AND CIVIL RECORDS

Do I have a right to keep records of criminal matters private?

Generally no. Records of adult arrests and convictions are a matter of public record and, unless formally erased, may be obtained by anyone.

Police reports are also public records. However, the police may withhold information that would either compromise law enforcement efforts, or infringe upon any privacy rights of certain groups, such as juveniles and victims of sexual assault.

DRESSING ROOMS

Do I have any privacy when I enter a dressing room in a clothing store?

Yes. A Connecticut law prohibits department or clothing stores from installing or using a closed-circuit television system, a two-way mirror, a peephole, or any other surveillance device to detect shoplifting or for any other reason. The law provides a fine of not more than five hundred ($500.00) dollars, imprisonment up to three months, or both.

DRUG TESTING

Am I protected from random drug testing by my employer?

A Connecticut law protects most private employees from random drug testing “unless the employer has reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee’s performance.”

There is an exception, however, for employees who hold “high risk or safety-sensitive” jobs. The Connecticut State Department of Labor determines which jobs fall into the “safety-sensitive” category. There are also exceptions for drug testing authorized under federal law and employee assistance programs that employees voluntarily participate in. Workers in these categories may be subjected to random urinalysis drug testing without any individualized suspicion.

Does the Connecticut law apply to state and municipal employees?

No. However, the Fourth Amendment’s provisions against unreasonable searches and seizures protect most government employees, with certain exceptions for public safety personnel and certain public transportation employees.

If I am a job applicant, can I be required to submit to a drug test?

A Connecticut law specifically allows for drug testing of all job applicants so long as the prospective employee is informed in writing at the time of his or her application of the employer’s intent to conduct a drug test. In addition, the applicant must be given a copy of the results of any positive urinalysis test. Once the applicant becomes an employee, however, the privacy protections begin.

What can a prospective employer do with the results of a drug test?

The prospective employer must keep test results confidential. Furthermore, the results are inadmissible in criminal proceedings.

Isn’t there a risk that a mistake might be made and, as a result, I could be prevented from getting a job?

Yes. There is always a chance that a false positive will result. A Connecticut law attempts to lower this risk by requiring the employer to confirm a positive drug test by a second urinalysis drug test that is separate and independent from the initial test. The state law also requires that the type of testing procedure involves a high level of reliability.

Isn’t my privacy going to be violated if my employer has to watch me provide the specimen for the drug test?

Employers may not watch. The Connecticut law prohibits the employer or the employer’s agent from “directly observ[ing] an employee or prospective employee in the process of producing the urine specimen.”

If I’m a student in school, can I be forced to take a random drug test?

No. But, there may be an exception for student-athletes if a school system has adopted a drug testing policy. The U.S. Supreme Court ruled in 1995 that random and suspicionless drug testing for high school athletes is constitutional. The Court held that student athletes have less of a legitimate privacy expectation than others because of the element of communal undress inherent in athletic participation, the fact that student athletes are subject to preseason physical exams and rules regulating their conduct, and since they choose to “go out for the team,” they voluntarily subject themselves to this higher degree of scrutiny.

ELECTRONIC SURVEILLANCE

Can my boss listen to my phone calls at work?

As a condition of employment, you may be required to consent to monitoring if the employer monitors calls to determine if employees are being courteous and helpful to customers. Some employers provide a recording at the beginning of a business call that indicates that the telephone conversation may be monitored to ensure good customer service. The failure to inform callers that a call is being recorded (via a voice message or beep at the beginning of the call) is a tort in Connecticut.

A federal law, the Omnibus Crime Control and Safe Streets Act of 1968, prohibits all private individuals and organizations, including employers, from intercepting the wire or oral communications of others. However, this prohibition is subject to exceptions allowing employers to monitor employees’ calls when there is prior consent or when the monitoring is done in the “ordinary course of business.” However, personal calls cannot be monitored except when necessary to guard against unauthorized use of the phone. In other cases, an employer may monitor a personal call only if an employee knows the particular call is being listened to and she or he consents to it. While employers may not listen in on personal calls, it would be safer if you used a pay phone or a separate phone designated by your employer for personal calls.

Is it illegal to tape record telephone conversations?

In Connecticut, it is illegal unless you have the consent of either the sender or receiver. If you are not a party to the conversation, you may not surreptitiously listen in or record it. These regulations do not always apply to law enforcement officials, who may conduct limited wiretaps with Court approval. The federal Electronic Communications Privacy Act also protects against the surreptitious recording of telephone conversations. The Federal Communications Commission (FCC) requires notice of any recording of a telephone conversation to be given to other parties of the conversation. This may take the form of a verbal notice at the beginning of the call or the use of a periodic beep. For example, Connecticut prisons routinely record non-privileged phone calls.

Are cellular telephone conversations protected?

Yes. The federal and state laws that prohibit wiretapping apply equally to the intentional overhearing or recording of a cellular telephone call.

What about cordless telephones?

Cordless telephone conversations also have legal privacy protections. Both the federal and state laws discussed above apply to this area. In fact, the Connecticut Supreme Court has ruled that unauthorized police eavesdropping of cordless telephone conversations violates the state’s wiretap law. However, since enforcement of these laws is difficult, any conversations which you believe are of a confidential nature should not take place on a cordless telephone.

Can my boss secretly tape record a meeting with me?

A Connecticut law forbids the “mechanical overhearing of a conversation.” This is defined as the “intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person who is not present thereat, by means of any instrument, device or equipment.”

Can my employer listen in or secretly videotape me?

A Connecticut law prohibits the use of electronic surveillance devices by private employers in areas designed for the health or personal comfort of the employees. This includes areas such as locker rooms, rest rooms, and lounges.

What about my work area?

This Connecticut law does not prohibit employers from listening in on the conversations of employees through the use of electronic devices or video cameras to observe the work area. Of course, this procedure can have a demoralizing effect on employees.

Does my boss need to notify employees in advance if he/she uses a listening device or a video camera?

Currently, there is no legislation requiring prior notification. However, such legislation has been discussed in the Connecticut General Assembly and may eventually pass.

What if I am discussing employment contract negotiations with someone else?

It is illegal for employers to listen in on such conversations.

Is my e-mail protected?

While it may be difficult for others to intercept electronic messages that you send out from your computer, don’t be lulled into believing that your privacy in this area is absolutely protected. Although the federal Electronic Communications Privacy Act makes it unlawful for anyone to read or disclose the contents of an electronic communication, discovering who is reading your e-mail can be next to impossible.

You should first make sure that your password is solid. It is a good practice to create passwords with a variety of combinations of upper and lower case letters, numbers and symbols. It’s also wise to frequently change your password and never write it down or provide it to others.

Can an employer intercept my electronic mail messages?

The opening of personal and ordinary mail is a federal crime, but today e-mail in the workplace does not have the same level of protection, nor is prior consent always required. Moreover, many employers also assert that since they own the computers in the workplace, they have the right to monitor how those computers are used.

If I delete messages from my computer, can my employer still find them?

Yes. That is a risk because messages can be retained in memory even after they have been deleted. Often these messages are “backed up” on magnetic tape or computer disks and, therefore, can be retrieved.

FINGERPRINTING OF TEACHERS

Are new teachers in Connecticut required to be fingerprinted?

Yes. A state law requires that new teachers in a public elementary or secondary school be fingerprinted in order to conduct a national criminal history records check.. School officials may charge new teachers with the cost of this check.. Each person hired must also submit to a state criminal history check within 90 days of employment.

Are substitute teachers in Connecticut also required to be fingerprinted?

Yes. The same state law, which requires new teachers in a public elementary or secondary school to be fingerprinted, requires any substitute teacher in a public elementary or secondary school to also be fingerprinted.

LIE DETECTORS

Can my employer require me to take a lie detector test?

No. An employer cannot even request an employee to take a polygraph test. This law applies to private employers as well as municipal and state government agencies. There is an exception for police officers employed by the state or any local government. But civilian members of these police departments are protected under the law. A federal law, the Employee Polygraph Protection Act of 1988 makes it illegal for any private company to require, request, suggest or cause any employee or job applicant to submit to a lie detector test. Employers may not fire or discipline such employees for refusing to take the test.

If I’m a job applicant, may I be required to take a lie detector test?

A Connecticut law protects job applicants to the same extent as employees. Similarly, the Employee Polygraph Act prohibits most employers from requiring job applicants or employees from taking such tests.

Can I be required to take a “paper and pencil test” to determine my honesty?

Apparently yes. While employers cannot request or require employees or prospective employees to take a polygraph test, a Connecticut law defines a polygraph test as “any mechanical or electrical instrument or device of any type used or allegedly used to examine, test or question individuals for the purpose of determining truthfulness.” A federal law similarly defines lie detectors to include “polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device … for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.” Thus, “paper & pencil tests” (a written test involving a set of questions; the questions can be either multiple choice, short answer, or essay) are not expressly prohibited. Nevertheless, many experts question the accuracy of paper and pencil tests.

MEDICAL RECORDS

How private are my medical records?

Somewhat private. The Health Insurance Portability and Accountability Act (HIPAA) provides a comprehensive federal protection for the privacy of your health information. This Privacy Rule creates a national standard to protect your individual medical records and other personal health information. With few exceptions your medical records may only be used for health purposes, any disclosures are limited to the minimum amount of information necessary. As required by HIPAA, this federal regulation applies to health plans, health care clearinghouses, and those health care providers who conduct certain financial and administrative transactions.


 

Insurance companies require you to release your records or they will not pay your medical bills. Information obtained by one insurance company is often shared with other companies through the Medical Information Bureau.

The Medical Information Bureau (MIB) has a huge data base of medical information about millions of Americans which it shares with hundreds of insurance companies. You can access your own file and obtain a copy for $8.50 by writing to:

 


 

Medical Information Bureau
P.O. Box 105, Essex Station
Boston, MA 02112
(Tel. 617-426-3660)

 

 

For more information you can browse their web site at: www.mib.com.

Government agencies often request and receive your medical records to support payment requests involving Medicare, Workers’ Compensation or Social Security Disability.

Employers who pay for your medical insurance may require that the insurance company provide them with copies of your medical records.

 

Since so much medical information is held by the insurance companies, do I have the right to see what information they have on me?

Yes. Under federal law, health care providers and health care clearinghouses must provide you with a copy of your records and you may request amendments. Most health care providers ask that you make your request in writing.

The Connecticut Insurance Information and Privacy Protection Act also provides some degree of access for Connecticut residents. This law applies to medical information as well as information regarding life insurance and disability insurance. It requires insurance companies to provide you with your personal information that they hold.

Under some circumstances, your insurance company may supply your information to a medical professional instead of directly to you. In those instances, you have the right to choose the physician and you should usually be able to persuade that person to share the information with you.

Can an insurance company consider genetic information when providing insurance coverage?

No. Connecticut law prohibits insurance companies from limiting insurance coverage or charging a different rate because of genetic information. Likewise, insurance companies may not cite genetic information as a pre-existing condition.

Do I have a right to place a statement in the insurance company’s records?

Yes. After you receive information about your file, you can make a written request for correction or elimination of any personal information. If the company rejects your request, they must notify you and provide you with the reasons for their refusal. You then have the right to place your own statement in your file.

Can I see my medical records in my employer’s files?

Your employer is required to allow you to inspect your medical records upon a written request. However, Connecticut law provides that the inspection “shall be made by a physician chosen by [you]” or by a physician chosen by the employer with your consent. Your physician then has the option of informing you about the information in your file.

Must I provide an employer or a potential employer with any genetic information?

No. Employers may not request genetic information from an employee or prospective employee for any reason and may not discriminate on the basis of genetic information.

Are there limitations on who can see my medical file?

Yes. Under federal law, health providers, health plans, and health care clearinghouses are required to give you a written explanation of how they may use and disclosure your health information. Additionally, you have the right to request restrictions on the uses and disclosures of your information. Health care providers who see you as a patient are required to obtain your consent before sharing your information for treatment, payment, or health care operations. A separate consent form is needed for each non-routine disclosure and a history of such disclosure must be made available to you.

Unless you give written permission, your employer cannot disclose identifiable information in your medical file to any person not employed by or affiliated with your employer. The only exceptions to this rule are: (1) disclosures made to a party that performs employment-related services for the employer; (2) judicially-compelled disclosure; (3) instances in which a law enforcement agency requests an employee’s home address and dates of attendance at work; (4) situations in which an apparent medical emergency exists; (5) disclosure compelled by federal, state or local laws or regulations; or (6) disclosure authorized by a collective bargaining agreement.

When I apply for a new job, can a company force me to take a medical exam?

No. You are not required to take a physical examination prior to an offer of employment, nor may the employer ask job applicants about medical information. These rights are protected under the Americans with Disabilities Act. If you are rejected for employment based on the results of a medical examination, the employer must demonstrate that you are physically incapable of doing the work. Violations of this law are enforced by the federal Equal Employment Opportunity Commission.

What is the definition of a medical file?

According to Connecticut law, “medical records” held by an employer means “all papers, documents and reports prepared by a physician, psychiatrist or psychologist that are in the possession of an employer and are work related or upon which such employer relies to make any employment related decision.”

What about pharmacy records, are they confidential?

This is unsettled. A Connecticut law prohibits a pharmacist or pharmacy from revealing any records or information concerning the nature of pharmaceutical services rendered to a patient without the oral or written consent of the patient or the patient’s agent. However, there are exceptions for providing pharmaceutical records to the patient, the prescribing practitioner, a registered agent, third party payors, pursuant to a subpoena, and to any governmental agency with statutory authority. What qualifies as a government agency with statutory authority has not yet been settled.

If I have been seeing a psychiatrist, do those records provide additional privacy protections?

Not really. Any records in this area are generally treated as “medical records.” Your psychiatrist or therapist may be required to provide to your insurance company the nature of your treatment and why you sought it. That information is likely to turn up in an insurance company’s computer bank. For that reason, some individuals pay for such medical treatment directly without going through their insurance company.

Are conversations between my social worker/therapist and me confidential?

While the insurance companies may want to learn about the general nature of your therapy, they usually will not ask for notes of conversations taken during sessions. Such notes are also protected from compelled disclosure in court. In 1996, the U.S. Supreme Court recognized that preserving the confidential relationship between a therapist and a patient is necessary to ensure adequate treatment.

What other conversations are privileged?

A number of Connecticut laws provide privacy protections. They include privileged conversations with counselors for battered women and for sexual assaults, members of the clergy, psychologists, psychiatrists, social workers, marital and family therapists, physicians, and health care providers.

Can I obtain my medical records from a hospital where I was treated for mental illness?

You have the right under both Federal and Connecticut law, upon written request, to inspect your hospital records and to make copies. However, if the facility decides that the information would be “medically harmful” to you, invade the privacy of another person, or violate an assurance of confidentiality furnished to another person, some of this information can be withheld. The state law defines “medically harmful” in a very general way that provides considerable discretion to those who interpret the law.

PERSONNEL RECORDS

Do I have a right to see my personnel records?

Yes. Upon request, your employer must provide you with access to your personnel records. State and municipal employees have the right to inspect their records under the Personal Data Act.

Can I see results of a test that I took for a promotion?

Not necessarily. Connecticut law does not require a private employer to place test information in a “personnel file,” if the information “would invalidate the test.” Letters of references may also be off limits and kept in separate files.

Isn’t my employer required to keep my medical records in my personnel file?

Under Connecticut law, an employer may keep your medical records in a separate file.

What can I do if I don’t like what I see in my file?

You have the right to ask your employer to remove or correct certain information. If the employer refuses, you have the right to place a written statement explaining your position in your personnel file.

Who has access to my personnel file?

While you and your employer may have access to your personnel file, under most circumstances someone outside of your company does not have the right to see it unless you provide written authorization. There are some exceptions. One involves a third party who maintains or prepares employment records or other similar services for the employer.

What kind of information can my employer provide to outsiders without my permission?

An employer may provide basic information such as verification of the dates of your employment, your job title or position, and your salary.

Are records of teacher performance and evaluation a matter of public record?

While most public records are accessible under the Connecticut Freedom of Information Act, there is an exception for the records of public school teachers. The term “teacher” includes any certified professional employee below the rank of superintendent who is employed by a public board of education in a position that requires a certificate issued by the Connecticut State Board of Education.

Keep in mind that records of persons who work for private employers are not affected by the Freedom of Information Act. Such records are not public records.

Do I have the right to see records or information held by federal, state or municipal government agencies?

Yes. The Personal Data Act, a Connecticut law, applies to state and municipal agencies and gives you the right to examine government information about yourself. For example, this law would apply to such agencies as the state tax department, a public school system, or the local health department. The law defines “personal data” to include any information about a person’s education, finances, medical or emotional condition or history, employment, family or personal relationships, and reputation or character.

The law also requires public agencies to keep a record of each person or organization that has obtained access to such information and to make that information available to you upon request. These agencies are also required to maintain only that information that is relevant to accomplish the lawful purposes of the agency.

SCHOOL RECORDS

Do I have access to my child’s school records?

Yes. Both federal and state laws provide a large degree of access for parents of public school students. Students who are at least 18 years old also have access to their own records.

The federal Family Educational Rights and Privacy Act denies federal funding to any school system that prohibits parents the right to inspect their own child’s student record. In addition, this law protects the confidentiality of these records and provides procedures to enable parents to challenge information in the records.

Connecticut law provides parents access to their child’s “educational, medical, or [any] similar record maintained in such student’s cumulative record.”

Is there an exemption to this law?

Yes. Information relating to communications between a public school teacher or nurse with a student relating to drug or alcohol abuse is not releasable to parents under Connecticut law. Under federal law, college or university students are often denied access to information relating to their admission into an educational agency, an application for employment, or information regarding an honorary recognition, where such students have signed waivers to that effect.

What about directory information? Is that off limits?

It depends on the wishes of the student or the parent. Under federal law, information relating to a student’s name, address, telephone listing, date and place of birth, major field of study, participation in sports or other school activities, weight and height (if a member of an athletic team), dates of attendance, and degrees and awards received may be considered public information unless the student or parent declares otherwise. If the student is eighteen or older, he or she must be notified of this option by school officials. If the student is under eighteen, the school must notify the parents of this option.

Under Connecticut law, the name or address of any student enrolled in a public school or college may not be disclosed without the consent of such student or the parent, if the student is under the age of eighteen.

Can I correct information in my child’s record?

Yes. Federal law denies federal funding to school systems that deny parents the right to challenge information that is “inaccurate, misleading, or otherwise in violation of the privacy rights of students.” You can ask that the records be changed and if school officials turn you down, they must provide you with a hearing if you want one. If school officials disagree with you, you have the right to place your own statement into your student’s permanent record.

If I don’t have custody of my child, can I still have access to her student records?

Yes. A Connecticut law enables parents who do not have custody to have access to their minor child’s “academic, medical, hospital or other health records unless otherwise [ordered] by a court for good cause shown.”

SOCIAL SECURITY NUMBERS

It is the most frequently used identification number in America and most of us assume that it’s private. It really isn’t. While there are federal laws protecting the privacy of Social Security numbers, they do not apply to private businesses. Even with government agencies, there are numerous exceptions to the privacy rule.

Must I provide my Social Security number to government agencies?

Sometimes. It really depends on which agency is asking for it. Some departments, including the Internal Revenue Service and the Social Service Department, can require your number.

The Welfare Act of 1996, as amended by the Balanced Budget Act of 1997 and the Child Support Performance and Incentive Act of 1999 requires that each state solicit the Social Security number of applicants for hunting, fishing, boating, and other recreational licenses. It also requires that you provide your Social Security number to the Department of Motor Vehicles if you are applying for a driver’s license. However, it does not require the solicitation of your Social Security number if you are only applying for a state ID or if you are simply registering your vehicle. Additionally, your Social Security number is not required to appear on the face of any license.

The federal Privacy Act of 1974 requires all government agencies – federal, state and municipal – that request Social Security numbers, to provide a “disclosure” statement on the form. This informs you if you are required to provide your number or, if it’s optional, how the number will be used, and what will take place if you do not provide it. If you do provide it, the law prohibits the number from becoming part of a public record.

What if a private business asks for my Social Security number?

While there isn’t a law that forbids private businesses from requesting your Social Security number, you don’t have to provide it. This includes insurance companies and private health care providers. But companies are not prevented from insisting on the number. If they insist, you may have to take your business elsewhere. Businesses are not required to provide you with services if you refuse. There is one exception. An insurance company or a health care provider that is involved with Medicare – a government program – can require your number.

Can my employer have my Social Security number?

Yes. Employers will need your number to report earnings and payroll taxes. However, they should not require employees to display their number on papers, badges, parking permits or on lists that are seen by others.

What about banks and other financial institutions?

Since banks are required by the Internal Revenue Service to record Social Security numbers for transactions, they can require that you provide this information. Additionally, your Social Security number can be required for any other financial transaction in which the Internal Revenue Service has an interest, including stock market and property purchases. One caution: don’t print your Social Security number on your checks because it then may be discovered by the wrong person and used in a fraudulent manner to gain entrance to your bank accounts and credit cards.

What about credit card applications?

Most credit grantors request your Social Security number primarily to verify your identity in situations where you have the same or a similar name to others. Although most credit grantors will insist on having your Social Security number, you may be able to find a grantor who will provide you credit without knowing your Social Security number, especially if you are persistent and can provide other forms of identification.

VIDEO CAMERAS

Can I be videotaped in a public dressing room?

Generally No. A Connecticut law makes it a crime for someone to knowingly videotape, or otherwise record another person’s image without their consent under circumstances where the subject reasonably expects privacy. The law provides a fine of not more than five hundred ($500.00) dollars, imprisonment up to three months, or both.

Can I be videotaped on the street?

Generally yes, because you cannot “reasonably expect privacy” on a public street. However, there may be some limitations on government video surveillance.

If someone is videotaping you without your consent “with the intent to cause inconvenience, annoyance, or alarm” the videotaper may be charged with disorderly conduct. In Connecticut, disorderly conduct is punishable by up to three months in prison, a five hundred ($500.00) dollar fine, or both.

VIDEO RENTALS

When I rent videotapes, how confidential is that information?

A Connecticut law requires that this information be “confidential.” The law provides a fine of not more than five hundred ($500.00) dollars for any violation.

For more information on the statutes and regulations pertaining to privacy rights in Connecticut, contact the CCLU.

Firm Highlights