Maryland Privacy laws & HR compliance analysis

Maryland Privacy: What you need to know

Maryland recognizes all four common law invasion of privacy claims:
• Intrusion on 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 places the other in a false light before the public); and
• Appropriation of one's name or likeness (Klipa v. Board of Education of Anne Arundel County, 460 A.2d 601 (Md. App. 1983)).
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Generally, under the Social Security Number Privacy Act, employers may not:
• Publicly post or display an individual's SSN;
• Print an individual's SSN on a card required for the individual to access products or services provided by the person;
• Require an individual to transmit the individual's SSN over the Internet unless the connection is secure or the SSN is encrypted;
• Initiate the transmission of an individual's SSN over the Internet unless the connection is secure or the SSN is encrypted;
• Require an individual to use the individual's SSN to access an Internet website, unless a password, unique personal identification number, or other authentication device is also required to access the website; or
• Unless required by state or federal law, (1) print an individual's SSN on any material that is mailed to the individual; (2) include an individual's SSN in any material that is electronically transmitted to the individual, unless the connection is secure or the SSN is encrypted; or (3) include an individual's SSN in any material that is transmitted by fax to the individual (Md. Comm. Law Code § 14-3401 et seq.).
These prohibitions, however, do not apply to:
• The collection, release, or use of an individual's SSN as required by state or ...

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