New Jersey Privacy laws & HR compliance analysis

New Jersey Privacy: What you need to know

Common law. New Jersey recognizes all four common law invasion of privacy claims: intrusion upon 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 normally places the other in a false light before the public), and appropriation of one's name or likeness (Bisbee v. John C. Conover Agency, Inc., 452 A.2d 689 (App. Div. 1982)).
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Social Security numbers (SSNs). The Act prohibits any person or business from:
• Publicly displaying or posting an individual's SSN or any four or more consecutive numbers from the SSN;
• Printing an individual's SSN on materials mailed to the individual unless otherwise permitted by law;
• Printing an individual's SSN on any card required for the individual to access the business's products or services;
• Intentionally communicating or otherwise making available to the public an individual's SSN;
• Requiring an individual to transmit his or her SSN over the Internet unless the connection is secure or the SSN is encrypted; or
• Requiring an individual to use his or her SSN to access an Internet website unless a password is also required.
The Act does not prohibit a business from using an SSN for administrative purposes or for internal verification, provided that the SSN is not released to any unauthorized person within the organization (N.J. Rev. Stat. § 56:8-164).
Consumer reports. Employers must comply with the New Jersey statute regulating the use of consumer reports in employment. The requirements for obtaining consumer reports under the New Jersey statute are, for the most part, the same as the requirements under the FCRA, including that ...

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