Indiana Privacy laws & HR compliance analysis

Indiana Privacy: What you need to know

Common law. 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)). Indiana recognizes all four of the common-law privacy claims:
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The right of privacy is invaded by:
• Unreasonable intrusions on the seclusion of others (Branham v. Celadon Trucking Services, Inc., 744 N.E.2d 514 (Ind. Ct. App. 2001));
• Appropriating another's name or likeness (Felsher v. U. of Evansville, 755 N.E.2d 589 (Ind. 2001));
• Giving unreasonable publicity to another's private life (Munsell v. Hambright, 776 N.E.2d 1272 (Ind. Ct. App. 2002)); or
• Using publicity that unreasonably places another in a false light before the public (Branham v. Celadon Trucking Services, Inc., 744 N.E.2d 514 (Ind. Ct. App. 2001)).
Social Security numbers (SSNs). Indiana law generally prohibits state agencies from disclosing an individual's SSN unless otherwise required by law or the individual consents to such disclosure. If a state agency discloses an individual's SSN in violation of the law, it must inform the affected individual (Ind. Code § 4-1-10-1 et seq.).
Data disposal. It is an infraction to dispose of the unencrypted, unredacted personal information of a customer without shredding, mutilating, or otherwise rendering the information unusable (Ind. Code § 24–4–14–8).
Wiretapping. 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 ...

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