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North Dakota Privacy: What you need to know

North Dakota has not yet recognized any of the common-law invasion of privacy torts (Hougum v. Valley Memorial Homes, 574 N.W.2d 812 (N.D. 1998)). However, it has enacted several laws impacting workplace privacy. Employers should keep these laws in mind when drafting an employee privacy policy.
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Workers' compensation. An injured employee's workers' compensation files are strictly confidential. Certain people may examine an employee's workers' compensation record including pertinent government employees, the employee's representative or physician, the investigating physician, or the employer, for legitimate business purposes (ND Cent. Code Sec. 65-05-32).
Radio frequency identification (RFID) chips. North Dakota law prohibits employers from forcing employees to insert RFID chips into their bodies (ND Cent. Code Sec. 12.1-15-06). RFID technology allows employers to track employees and is a relatively new method of surveillance.
Under North Dakota law, an employee's off-duty conduct is considered a private matter. It is illegal for employers to discriminate against employees on the basis of their participation in lawful activities on their own time away from the workplace as long as the activity is not in direct conflict with the essential business-related interests of the employer (ND Cent. Code Sec. 14-02.4-01).
Any person who conducts business in the state, and who owns or licenses computerized data that include personal information, must disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of the state whose unencrypted personal information was, or is reasonably believed to have ...

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More on this topic:

expand-collapse sectionInvasion of Privacy
expand-collapse sectionOff-Duty Conduct
expand-collapse sectionSecurity Breaches
expand-collapse sectionSecurity Freezes
expand-collapse sectionComputer Offenses

State Requirements

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North Dakota Privacy Resources

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