Alabama Privacy laws & HR compliance analysis

Alabama Privacy: What you need to know

Alabama recognizes all four common-law invasion of privacy claims:
• Intrusion upon solitude or seclusion;
• Publicity that violates the ordinary decencies;
• Putting the plaintiff in a false, but not necessarily defamatory, position in the public eye; and
• Appropriating some element of the plaintiff’s personality for commercial use (Phillips v. Smalley Maint. Svcs., Inc., 435 So.2d 705 (Ala. 1983)).
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Social Security numbers (SSNs). State governmental bodies may not place or otherwise reveal the SSN of a person, including, but not limited to, their full- or part-time employees, on any document available for public inspection unless otherwise required by law, without the person’s express consent. This prohibition does not apply when a federal or state agency requests or releases an SSN for a legitimate government purpose or pursuant to a federal or state statute, regulation, federally funded program, or an administrative or judicial subpoena or order (Ala. Code § 41-13-6).
Data disposal. Covered entities must take reasonable efforts to dispose of records containing sensitive personally identifying information (Ala. Code § 8-38-10).
Wiretapping and surveillance. It is a Class A misdemeanor to use any device intentionally to overhear, record, amplify, or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law.
It is a Class C felony to install an eavesdropping device intentionally in a private place without the owner’s permission. It is a Class B misdemeanor to conduct surveillance while trespassing in a private place. “Surveillance” is ...

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