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.).
Under the Data Breach Notification Act, any business or government entity must notify state residents whose “sensitive personally identifying information” is accessed because of a breach involving unauthorized access to electronic data. The law also requires all of these covered entities to implement “reasonable security measures” to prevent such breaches (AL Code Sec. 8-38-1 et seq.).
Sensitive personally identifying information is defined to include an individual’s name combined with one of the following:
• A full ...

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