Kansas Privacy laws & HR compliance analysis

Kansas Privacy: What you need to know

Kansas recognizes the common law legal claim of invasion of privacy (Dotson v. McLaughlin, 531 P.2d 1 (Kan. 1975)). There are generally four ways one can invade the privacy of another person:
• Unreasonable intrusion upon solitude or seclusion;
• Unreasonable publicity given to one's private life;
• Publicity that places one in a false light in the public eye; and
• Appropriation of one's name or likeness.
An employer that monitored employees’ personal phone calls without notifying them could be found liable for intrusion on seclusion under Kansas law, a federal district court ruled inAli v. Douglas Cable Communications, 929 F. Supp. 1362 (D. Kan. 1996).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Identity fraud. A person commits identity fraud when he or she:
• Uses or supplies false information to obtain an identification document; or
• Makes, counterfeits, alters, amends, manufactures, or otherwise replicates an identification document with the intent to deceive (KS Stat. Sec. 21-6107).
Identity fraud is a felony in Kansas.
Businesses and government agencies that own or license computerized data that includes personal information must conduct a good-faith and prompt investigation upon discovering a possible security breach to determine whether personal information has been or will be misused (KS Stat. Sec. 50-7a01 et seq.). If the investigation determines that the misuse of the information has or is likely to occur, the business or agency must give notice to all affected Kansas residents. Notice must be provided as quickly as possible, consistent with the needs of law enforcement and any measures necessary to determine the scope of the breach and restore the integrity of the computer system. Businesses that maintain ...

Read more about Privacy