Utah Privacy laws & HR compliance analysis

Utah Privacy: What you need to know

Common law. Utah recognizes all four common-law invasion 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 (Cox v. Hatch, 761 P.2d 556 (Utah 1988)).
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Identity abuse. In addition, Utah law makes it a crime to abuse an individual's personal identity. Under the law, the personal identity of an individual is abused if it is used without the individual's consent in an advertisement in a manner that expresses or implies that the individual approves of or endorses the specific subject matter of the advertisement (Utah Code § 45-3-3).
Social Security numbers (SSNs). No person may display an SSN in a manner or location that is likely to be open to public view, except as allowed by other law. In addition, the state and its agencies and political subdivisions may not employ or contract for the employment of an inmate in any Department of Corrections facility or county jail in any capacity that would allow the inmate access to any other person's personal information (Utah Code § 13-45-301).
Employment selection. Under Utah's Employment Selection Procedures Act, employers with 15 or more employees may not request the following information from an applicant before the applicant is offered a job:
• SSN;
• Date of birth; or
• Driver's license number.
The Act contains some exceptions to this prohibition if the applicant consents and the employer:
• Requests the information from all applicants applying for the job;
• Requests the information at ...

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