New York Privacy laws & HR compliance analysis

New York Privacy: What you need to know

New York provides judicial relief for invasion of privacy (N.Y. Civ. Rights Law §§ 50, 51). Written consent is needed before a person's name, portrait, or picture is used for advertising or trade purposes. Any person violated under these sections may bring an action in the Supreme Court of New York and obtain equitable relief or initiate a lawsuit to recover damages (actual and possibly punitive) for any injuries sustained by reason of such use.
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Social Security numbers and personal identifying information. An employer may not, unless otherwise required by law, publicly post or display an employee's SSN; visibly print an SSN on any identification (ID) badge or card, including any time card; place an SSN in files with unrestricted access; or communicate an employee’s personal identifying information to the general public.
“Personal identifying information” includes an SSN, home address or telephone number, personal e-mail address, Internet ID name or password, parent's surname before marriage, or driver’s license number. An SSN may not be used as an ID number for purposes of any occupational licensing. Knowing violations of this section are subject to civil penalties of up to $500.
It shall be presumptive evidence that a violation of this section was known if the employer has not put in place any policies or procedures to safeguard against such a violation, including procedures to notify relevant employees of these provisions (N.Y. Lab. Law § 203-d). All private employers (subject to a number of exceptions) also are subject to New York’s more general prohibition on requiring individuals to disclose or furnish their SSNs for any purpose in connection ...

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