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Virginia Privacy: What you need to know

There are traditionally four invasion of privacy claims recognized by state courts, namely, intrusion upon solitude or seclusion; public disclosure of private facts; false light privacy; and appropriation of one's name or likeness. However, Virginia only recognizes a civil claim for the unauthorized use for advertising or trade purposes of a person's name, portrait, or picture without first obtaining consent (VA Stat. Sec. 8.01-40). There is more information on these common law rights of privacy.
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Virginia law restricts the use of Social Security numbers (SSNs). Specifically, any person or employer in Virginia is prohibited from:
• Intentionally communicating an individual's SSN to the general public;
• Printing an individual's SSN on any card required to access or receive products or services;
• Requiring the use of a SSN to access an Internet website unless a password or other security device is used; or
• Mailing a package with the individual's SSN visible (VA Code Sec. 59.1-443.2).
State law prohibits intercepting, monitoring, or attempting to monitor transmissions of a message, signal, or other communications by telephone between an employee (or agent of an employee), a firm or corporation, and a customer of the firm or corporation. The statute specifies that a firm or corporation may monitor telephone calls as long as notice is given to the employee. Violation of the statute is a misdemeanor (VA Stat. Sec. 18.2-167.1).
An individual or entity that maintains computerized data that includes personal information that the individual or entity does not own or license must notify the owner or licensee of the information of any breach of the ...

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Virginia Privacy Resources

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