Ohio Privacy laws & HR compliance analysis

Ohio Privacy: What you need to know

Ohio recognizes all four common law invasion of privacy claims:
• Unwarranted appropriation or exploitation of one's personality;
• The publicizing of one's private affairs with which the public has no legitimate concern;
• Wrongful intrusion into one's private activities; and
• False light privacy (Welling v. Weinfeld, 866 N.E.2d 1051 (Ohio 2007)).
Engaging in employee surveillance in a restroom constituted an invasion of privacy by “intrusion upon seclusion,” a state court found in Speer v. Ohio Dept. of Rehab. & Corrections, 68 Ohio Misc. 2d 13 (Ohio Ct. Cl. 1994). However, videotaping an employee in his front yard while investigating his workers’ compensation claims was not such an invasion (York v. General Electric Co., 759 N.E. 2d 865 (Ohio Ct. App. 2001).
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State law prohibits intercepting wire, oral, or electronic communications unless the wiretapping falls within an exception of the statute (e.g., obtaining a warrant, the consent of the parties, or in the ordinary course of business). Violation of the statute constitutes a fourth-degree felony (OH Stat. Sec. 2933.52). This prohibition does not apply if the person is a party to the communication or if one of the parties to the communication has given the person prior consent to the interception.
Any person whose wire, oral, or electronic communications are intercepted, disclosed, or intentionally used in violation of the law may bring a civil action and receive relief in the form of an injunction, damages (per diem and actual), punitive damages, and attorneys' fees (OH Stat. Sec. 2933.65).
State agencies and private business in Ohio that own or license computerized data containing personal information and whose ...

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