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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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 defined as secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person observed (AL Code Sec. 13A-11-30 et seq.).
A person commits identity theft (a Class B felony) if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:
• Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim;
• Obtains goods, services, or employment by using the victim’s identifying information; or
• Obtains identification documents in the victim’s name.
“Identifying information” is ...

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