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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A person who knowingly observes or takes a photograph of another person's intimate parts without that person's consent, and in a situation where the person photographed has a reasonable expectation of privacy, commits criminal invasion of privacy. “Photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material (CO Rev. Stat. Sec. 18-7-801).
Eavesdropping is a crime when a person not visibly present during a conversation:
• Knowingly overhears or records the conversation without the consent of at least one party to the conversation;
• Intentionally overhears or records the conversation for the purpose of committing, aiding, or abetting the commission of a crime;
• Knowingly uses for any purpose, attempts to use, or discloses to another the ...

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