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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State law prohibits willfully intercepting, endeavoring to intercept, or procuring any wire, oral, or electronic communication individually or through another person. The law further prohibits disclosing or using the communication that was obtained illegally. However, there are certain exceptions. For example, it is lawful for a person to intercept a communication when the person is a party to the communication, and all of the parties to the communication have given prior consent to the interception. Violation of the statute constitutes a felony and is subject to a $10,000 fine, 5 years' imprisonment, or both (Md. Cts. and Jud. Proc. Code Sec. 10-402 et seq.).
It is a misdemeanor to conduct visual surveillance of an individual in a restroom or dressing room without the individual’s consent, even by the owner of the premises (Md. Crim. Law Code Sec. 3-901 et seq.).
The Maryland Personal Information Protection Act protects the privacy and personal information of state residents, including employees and job applicants, by imposing two significant responsibilities on employers (Md. Comm. Law Code Sec. 14-3501 et seq.). First, employers must notify any state resident affected by a security breach in the employer's computer system that ...

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