Tennessee Privacy laws & HR compliance analysis

Tennessee Privacy: What you need to know

Common law. Tennessee courts have recognized the common-law tort of invasion of privacy (Roberts v. Essex Microtel Assocs., 46 S.W.3d 205 (Tenn. Ct. App. 2000)). This common-law tort includes four different types of privacy claims:
• Intrusion upon 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.
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Social Security Numbers. Business entities that have obtained a federal SSN for a legitimate business purpose must make reasonable efforts to protect it from disclosure to the public. With limited exceptions, an SSN may not be displayed in public; be required to be transmitted over the Internet, unless the connection is secure or it is encrypted; be required to log onto or access a website; be printed on any materials mailed to a consumer; or be printed on any card, check, or identification in order to receive a benefit to the consumer (Tenn. Code § 47-18-2110).
Medical information.Employers may not market or sell medical information that directly identifies an employee without written authorization (Tenn. Code § 50-1-306).
Public records. The following information regarding state and local government employees and their family members must be treated as confidential and cannot be open to the public:
• Home telephone and cell phone numbers;
• Bank account information;
• Social Security number;
• Home addresses;
• Driver's license information;
• Certain information regarding immediate family members;
• Certain emergency contact information; and
• Personal, nongovernment ...

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