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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Your discomfort is not only understandable: it’s smart. The Better Business Bureau now says that well over 15 million people every year are victims of identity theft. Of those, the IRS recently estimated that around 600,000 taxpayers have some identity benefit stolen. Thieves especially covet W-2’s with their Social Security numbers, since they allow access to potential tax returns. Adding to the problem is the fast refund option on taxes. IRS policy, aimed to benefit most of us, has also allowed some unintended protection of identity theft, since identity confirmation by the IRS routinely comes well after your refund has been “rapidly” issued. http://www.wtov9.com/news/news/irs-issues-warning-identity-thieves-targeting-tax-/nLbhJ/.
You haven’t suggested that your boss is stealing anything, but you are also worried to safeguard your information from third parties. Let’s look at your legal options, based on the information you’ve given. I’m going under the assumption that you’re a valuable employee, but that you are willing to go on to another job if he does not co-operate with what you believe is a reasonable request. I’m also assuming that your “employer” already has access to your W-2’s since they are generated by the employer. This assumption, though, leaves open the possibility that when you said “employer” you actually meant supervisor or boss. Some companies are careful to separate supervising from accounting. If this is the case, then (depending on the makeup of the company) you should confidentially contact your human resources department and share your concerns. Because a company may also share some legal liability if your supervisor misuses your personal data, keep a log of when you first had a concern, and what you have done about it, and whom you have talked to. If you haven’t done so already, sign up with a reputable, national identity protection company.
Arizona Privacy Laws Are On Your Side. Your State has some of the best protections of privacy in America. http://www.blr.com/HR-Employment/HR-Administration/Privacy-in-Arizona. If your employer damages your financial interests by misuses of private data (such as in identity theft or misuse of you W-2’s), then they can be sued for theft and also be sued for invasion of privacy. An example of privacy violation of business records would be showing anyone your tax records, absent a business reason. This goes to your point about not knowing who has access to the records.
Who “Owns” Your Social Security Number (SSN)? There is an interesting argument that you have a right to actively protect your “SSN.” A federal court in Arizona even largely agreed that someone who is concerned about the potential disclosure of their SSN could have a limited right to refuse to give out his number, unless he had a guarantee of non-public disclosure. And that was considering a refusal made to a US Bankruptcy court. http://caselaw.findlaw.com/us-9th-circuit/1161452.html. Yet even then, the SSN did have to be disclosed. Unfortunately, just as you are concerned about your identity being stolen, employers are also enforcing stricter screenings of their own. Right now, for example, there’s no federal law against a potential employer asking for your old W-2s as a way to verify your background salary. While you have a right to refuse, it does suggest a gray area of sorts…unless you can show actual misuse, an employer merely “having” your W-2 at their home (without more) is probably not illegal. Some employers even go through a W-2 search service (such as Equifax’s IncomeChek), but they are required to get your permission first. It is against federal law, however, to “disclose, use or compel” you to disclose your Social Security number.
The bottom line? I‘d recommend that you consider sending a written request to your employer, asking that any unsecured documents bearing your Social Security number delete that number.
Your discomfort is not only understandable: it’s smart. The Better Business Bureau now says that well over 15 million people every year are victims of identity theft. Of those, the IRS recently estimated that around 600,000 taxpayers have some identity benefit stolen. Thieves especially covet W-2’s with their Social Security numbers, since they allow access to potential tax returns. Adding to the problem is the fast refund option on taxes. IRS policy, aimed to benefit most of us, has also allowed some unintended protection of identity theft, since identity confirmation by the IRS routinely comes well after your refund has been “rapidly” issued. http://www.wtov9.com/news/news/irs-issues-warning-identity-thieves-targeting-tax-/nLbhJ/.
You haven’t suggested that your boss is stealing anything, but you are also worried to safeguard your information from third parties. Let’s look at your legal options, based on the information you’ve given. I’m going under the assumption that you’re a valuable employee, but that you are willing to go on to another job if he does not co-operate with what you believe is a reasonable request. I’m also assuming that your “employer” already has access to your W-2’s since they are generated by the employer. This assumption, though, leaves open the possibility that when you said “employer” you actually meant supervisor or boss. Some companies are careful to separate supervising from accounting. If this is the case, then (depending on the makeup of the company) you should confidentially contact your human resources department and share your concerns. Because a company may also share some legal liability if your supervisor misuses your personal data, keep a log of when you first had a concern, and what you have done about it, and whom you have talked to. If you haven’t done so already, sign up with a reputable, national identity protection company.
Arizona Privacy Laws Are On Your Side. Your State has some of the best protections of privacy in America. http://www.blr.com/HR-Employment/HR-Administration/Privacy-in-Arizona. If your employer damages your financial interests by misuses of private data (such as in identity theft or misuse of you W-2’s), then they can be sued for theft and also be sued for invasion of privacy. An example of privacy violation of business records would be showing anyone your tax records, absent a business reason. This goes to your point about not knowing who has access to the records.
Who “Owns” Your Social Security Number (SSN)? There is an interesting argument that you have a right to actively protect your “SSN.” A federal court in Arizona even largely agreed that someone who is concerned about the potential disclosure of their SSN could have a limited right to refuse to give out his number, unless he had a guarantee of non-public disclosure. And that was considering a refusal made to a US Bankruptcy court. http://caselaw.findlaw.com/us-9th-circuit/1161452.html. Yet even then, the SSN did have to be disclosed. Unfortunately, just as you are concerned about your identity being stolen, employers are also enforcing stricter screenings of their own. Right now, for example, there’s no federal law against a potential employer asking for your old W-2s as a way to verify your background salary. While you have a right to refuse, it does suggest a gray area of sorts…unless you can show actual misuse, an employer merely “having” your W-2 at their home (without more) is probably not illegal. Some employers even go through a W-2 search service (such as Equifax’s IncomeChek), but they are required to get your permission first. It is against federal law, however, to “disclose, use or compel” you to disclose your Social Security number.
The bottom line? I‘d recommend that you consider sending a written request to your employer, asking that any unsecured documents bearing your Social Security number delete that number.