Michigan Privacy laws & HR compliance analysis

Michigan Privacy: What you need to know

Michigan 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.
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The right of privacy is invaded by:
• Unreasonable intrusion upon 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 (Doe v. Mills, 536 N.W.2d 824 (Mich. App. 1995)).
Michigan law prohibits the installation, placement, or use of any device for observing, recording, transmitting, photographing, or eavesdropping on the sounds or events in a private place without the consent of persons entitled to privacy there. It is also unlawful to distribute, disseminate, or transmit a recording, photograph, or visual image the person knows or has reason to know was obtained illegally (MI Comp. Laws Sec. 750.539d).
Global Positioning System (GPS) monitoring. Placing an electronic tracking device on a vehicle to monitor the occupants’ movements is illegal without the vehicle owner’s consent (MI Comp. Laws Sec. 750.539l).
State law prohibits eavesdropping on a private conversation by any person who is present or not present during a private conversation and who willfully uses a device to eavesdrop without the consent of all parties or knowingly aids, employs, or procures another person to do the same. It is a felony under Michigan law to use or divulge any information obtained by eavesdropping (MI Comp. Laws Sec. 750.539c et seq.).
However, a court has ruled that if a party to a conversation records it, the other party’s consent ...

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