Indiana Privacy laws & HR compliance analysis

Indiana Privacy: What you need to know

Indiana recognizes the common law- tort for invasion of privacy, which provides that one who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other person (Doe v. Methodist Hosp., 690 N.E.2d 681 (Ind. 1997)).
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The right of privacy is invaded by:
• Unreasonable intrusions on the seclusion of others;
• Appropriating another's name or likeness;
• Giving unreasonable publicity to another's private life; or
• Using publicity that unreasonably places another in a false light before the public.
Indiana recognizes all four of the above common-law privacy claims. See Felsher v. U. of Evansville, 755 N.E.2d 589 (Ind. 2001) (misappropriation); Munsell v. Hambright, 776 N.E.2d 1272 (Ind. Ct. App. 2002) (public disclosure); and Branham v. Celadon Trucking Services, Inc., 744 N.E.2d 514 (Ind. Ct. App. 2001) (intrusion on seclusion, false light).
The Indiana Wiretap Act (IWA) prohibits intercepting or recording a telephone or electronic communication without at least one party’s consent, subject to certain law enforcement exceptions. Violation of the law is a civil offense. Remedies include actual damages or liquidated damages, court costs, punitive damages, and reasonable attorneys' fees (IN Code Sec. 35-33.5-5-4).
An employer’s use of “keylogger” software to view an employee’s e-mail and passwords could violate the IWA if the employee was not notified in advance, a court ruled (Rene v. G.F. Fishers Inc., 817 F. Supp. 2d 1090 (S.D. Ind. 2011)).
Beginning July 1, 2021, an employer may not require a current or prospective employee to have a device implanted, injected, ingested, inhaled, or ...

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