QUESTION

I own a Day Spa and Salon. I recently dismissed my General Manager. I think she may have violated a privacy law.

Asked on Feb 19th, 2012 on Intellectual Property - Tennessee
More details to this question:
I received a call yesterday from a Guest (Client) of ours wanting to know who (insert terminated employees name) was. I said she was no longer employed by us and was perplexed. She says that this former employee had left a note on her door of her home saying that she was thinking about her and wanted so speak with her. The former employee could have only gotten her address from our data base. (as I had to remind the client who the person was). This creeped me out and has fully angered me. Has she violated a privacy law and do I have grounds to press charges? Need some advise. Thanks MDJ
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This is a complex question that may require additional facts to be fully understood. As a general matter, a customer of a day spa has no particular "privacy" interest in the firm's customer list. Presumably the customers are known to many employees there, and the fact that they are customers is not a secret (or a trade secret). Moreover, anyone who knows the identity of one of your customers could likely identify the customer's home address by a variety of means, including means as lowly as a telephone book. There don't seem to be any true "privacy" issues invoked by your posited facts. A more interesting question is whether your former employee is using, or intends to use, your customer list to compete with you or to harm your reputation with customers. As a former management employee, the individual in question may have some duties to you in this regard. Again, these facts are incompletely developed in your inquiry and may as yet be unknown to you. You should consult with your own attorney regarding these matters. This is not legal advice.
Answered on Feb 19th, 2012 at 2:23 PM

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