Illinois Privacy laws & HR compliance analysis

Illinois Privacy: What you need to know

Common law. There are four generally recognized invasion of privacy claims:
• Appropriation, for the defendant's benefit or advantage, of the plaintiff's name or likeness;
• Public disclosure of private facts;
• Publicity that places the plaintiff in a false light in the public eye; and
• Intrusion upon the plaintiff's physical and mental solitude or seclusion.
Illinois courts have recognized all four of these causes of action. Doubts about the validity of intrusion-on-seclusion claims were dispelled by the Illinois Supreme Court in Lawlor v. North American Corp. of Illinois, 983 N.E.2d 414 (Ill. 2012). An employer could be found liable on this basis, the Court ruled, when it hired detectives who impersonated an employee to obtain her personal phone records.
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Social Security numbers (SSNs). State law prohibits any person or entity from:
• Publicly posting or displaying an individual’s SSN in any manner;
• Printing an individual’s SSN on any card required to receive products or services;
• Requiring an individual to transmit his or her SSN over the Internet unless the number is encrypted or the connection is secure;
• Requiring the use of an SSN to access an Internet website unless a password or other security device is used; and
• Printing an individual’s SSN on any material to be mailed to the individual, unless the inclusion of the SSN is required by law (Ill. Comp. Stat. ch. 815, § 505/2RR).
SSNs may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the SSN.
A written request by an individual to stop ...

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