Colorado Privacy laws & HR compliance analysis

Colorado Privacy: What you need to know

Colorado recognizes three of the four common-law invasion of privacy claims: intrusion upon solitude or seclusion; public disclosure of private facts (e.g., unreasonable publicity given to one's private life); and appropriation of one's name or likeness. The fourth, false-light privacy (e.g., publicity that normally places the other in a false light before the public), is not recognized in Colorado, the state Supreme Court ruled in Denver Publishing Co. v. Bueno, 54 P.2d 893 (Colo. 2002).
A law firm could be found liable for invasion of privacy by public disclosure when the managing partner disclosed an associate’s homosexuality, the high court ruled in Ozer v. Borquez, 940 P.2d 371 (Colo. 1997). However, the employee-plaintiff would have to show that the disclosure was made to the public or “a large number of persons.”
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Social Security numbers (SSN). An employer may not publicly post or display an individual's SSN, print an individual's SSN on any card required for access to products or services, or require any individual to transmit his or her SSN over the Internet, unless the connection is secure or the SSN is encrypted. Employers may not require an individual to use his or her SSN to access an Internet site, unless a password or unique personal identification number or other authentication device is also required to access the Internet site. Additionally, employers may not print an individual's SSN on any materials that are mailed to the individual unless state or federal law requires, permits, or authorizes the SSN to be on the document to be mailed (CO Rev. Stat. Sec. 6-1-715).
Exceptions. SSNs may be included in applications and forms sent by mail, including ...

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