North Carolina Privacy laws & HR compliance analysis

North Carolina Privacy: What you need to know

Common law. North Carolina recognizes only two of the four common-law claims for invasion of privacy: appropriation of one's likeness and intrusion upon seclusion. Public disclosure of private facts and publicity that places another in a false light to the public eye are not recognized. The North Carolina Supreme Court recognizes a general right to privacy as a part of tort law. However, the court has been unwilling to recognize two of the four invasion of privacy claims (Hall v. Post, 372 S.E.2d 711 (N.C. 1988)).
A state statute does prohibit the “publication of personal information” if the subject of the information has objected to such disclosure. The law applies to disclosures in writing, by broadcast media, and on the Internet. The victim of such a violation may sue for damages if any harm results. The law exempts entities already covered by the Health Insurance Portability and Accountability Act (HIPAA) privacy requirements (N.C. Gen. Stat. § 75-66).
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Social Security numbers (SSNs). A business may not:
• Intentionally communicate or otherwise make available to the general public an individual’s SSN;
• Intentionally print or imbed an individual's SSN on any card required for the individual to access products or services;
• Require an individual to transmit his or her SSN over the Internet unless the connection is secure or the SSN is encrypted;
• Require an individual to use his or her SSN to access an Internet website unless a password or unique personal identification number or other authentication device is also required to access the website;
• Print an individual’s SSN on any materials that are mailed to the individual unless state or federal law requires the SSN ...

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