Georgia Privacy laws & HR compliance analysis

Georgia Privacy: What you need to know

Georgia recognizes all 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), false-light privacy (e.g., publicity that normally places the other in a false light before the public), and appropriation of one's name or likeness (Johnson v. Allen, 613 S.E.2d 657 (Ga. App. Ct. 2005)).
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State law generally prohibits wiretapping and makes it unlawful to intentionally overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation or another that originates in any private place or to intercept by any device, instrument, or apparatus a message sent by telephone, telegraph, letter, or other means of private communication (GA Stat. Sec. 16-11-62). Interception of a wire, oral, or electronic communication is allowed by one of the parties to the communication or with one of the parties’ prior consent (GA Stat. Sec. 16-11-66).
State law generally prohibits using any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view. However, for security purposes, an owner or occupier of real property may use a device to observe, photograph, or record the activities of those on or approaching the property in areas where there is no reasonable expectation of privacy (GA Stat. Sec. 16-11-62(2)).
In order to protect individuals from the risk of identity theft and fraud, the state has enacted a law designed to require "information brokers" and state or local government “data collectors” to give notice of any breach of the ...

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