Oklahoma Privacy laws & HR compliance analysis

Oklahoma Privacy: What you need to know

Oklahoma recognizes all four common-law invasion of privacy claims:
• Intrusion on 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 (McCormack v. Oklahoma Publ. Co., 613 P.2d 737 (Okla. 1980)).
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Oklahoma law provides protections for employees’ and applicants’ personal online social media accounts (OK Stat. Tit. 40 Sec. 173.2). More specifically, effective November 1, 2014, employers are prohibited from:
• Requiring employees or prospective employees to disclose user names and passwords (or other means of authentication) for accessing personal online social media accounts through electronic communications devices;
• Requiring employees or prospective employees to access their personal online social media accounts in the presence of the employer in a way that allows the employer to observe the contents of such accounts (if the accounts' contents are not available to the general public);
• Taking retaliatory personnel action that materially negatively affects the terms and conditions of employment against employees solely for their refusal to give the employer the user passwords to their personal online social media accounts;or
• Refusing to hire prospective employees solely because of their refusal to give the employer the user names and passwords to their personal online social media accounts.
Definitions. The law defines a “personal online social media account” as an online account that is used by an employee or ...

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