Oregon Privacy laws & HR compliance analysis

Oregon Privacy: What you need to know

Common law. Oregon appears to recognize invasion of privacy claims in certain circumstances. Generally, there are four common-law invasion of privacy claims:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts (e.g., wrongful conduct that gives unreasonable publicity 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 (Anderson v. Fisher Broadcasting Cos., 712 P.2d 803 (Or. 1986)).
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Social Security numbers. Oregon law explicitly regulates the use and disclosure of individuals' SSNs (Or. Rev. Stat. § 646A.620). The law does not apply to those records required by state or federal law. Specifically, employers are prohibited from:
• Printing a individual's SSN on any materials not requested by the individual;
• Printing an individual's SSN on documentation that is part of a transaction or service requested by the individual that is mailed unless redacted (i.e., only the last four digits of the SSN are displayed);
• Printing an individual's SSN on any card required to access products or services provided by the employer;
• Publicly posting or displaying (i.e., making available to the public) an individual's SSN unless redacted; or
• Disposing of material containing an SSN without making the number unreadable or unrecoverable.
Credit checks. The Oregon Job Applicant Fairness Act prohibits employers from obtaining or using information in an individual's credit report for employment purposes, unless the information is substantially related to the individual’s current job or the job for which an applicant is seeking to be hired (Or. Rev. ...

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