Missouri Privacy laws & HR compliance analysis

Missouri Privacy: What you need to know

Missouri allows individuals to sue for invasion of privacy (Sullivan v. Pulitzer Broadcasting Co., 709 S.W.2d 475 (Mo. 1986)). Courts in Missouri have discussed the following four potential types of invasion of privacy:
• Intrusion on one's seclusion or private affairs;
• Public disclosure of embarrassing private facts;
• Publicly placing one in a false light; and
• Appropriation of one's name or likeness.
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It is illegal for employers to have personal identification microchip technology implanted into an employee for any reason (MO Rev. Stat. Sec. 285.035). "Personal identification microchip technology" refers to a subcutaneous or surgically implanted microchip technology device or product that contains or is designed to contain a unique identification number and personal information that can be retrieved or transmitted with an external scanning device. A state appeals court allowed an employee to proceed to trial on a “false light” claim when he alleged that the company listed him as the registrant on a controversial new website after he had left employment there (Meyerkord v. Zipatoni Co., 276 S.W.3d 319 (Mo. Ct. App. 2008)).
A person commits identity theft when he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer, or use, one or more means of identification not lawfully issued for his or her use. Effective January 1, 2017, a “means of identification” is anything a person uses as a means of uniquely identifying himself or herself (MO Rev. Stat. Sec. 570.010, 570.223).
Missouri law restricts the use of SSNs by employers (MO Rev. Stat. Sec. 407.1355). Employers may only use ...

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