Mississippi Privacy laws & HR compliance analysis

Mississippi Privacy: What you need to know

Common law. Mississippi recognizes all four invasion of privacy claims:
• Intrusion upon the solitude or seclusion of another;
• Appropriation of another's identity for an unpermitted use;
• Public disclosure of private facts; and
• Holding another to the public eye in a false light (Candebat v. N.J. Flanagan, 487 So. 2d 207 (Miss. 1986)).
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Wiretapping. Unless otherwise authorized by law, it is a crime to use or disclose an intercepted communication or to own, possess, install, operate, or monitor a device used to intercept wire, oral, or other communications (Miss. Code § 41-29-501 et seq.). A person whose communications have been intercepted, disclosed, or used may sue any person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use the communication for damages, including attorneys' fees.
Good-faith reliance on a court order is an absolute defense to a lawsuit under the statute. In addition, the following persons are immune from liability:
• A switchboard operator or employee of a common carrier who discloses or uses an intercepted communication while engaged in an activity that is necessary to perform a service or for the protection of the rights or property of the carrier;
• An employee of a common carrier who employs or uses any equipment or device that may be attached to telephonic equipment that permits the interception and recording of any telephonic communications solely for the purposes of service improvements;
• An employee of a common carrier who provides information, facilities, or technical assistance to an investigative or law enforcement officer who is authorized under law to intercept a wire, oral, or other communication;
• A ...

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