Vermont Privacy laws & HR compliance analysis

Vermont Privacy: What you need to know

Vermont recognizes the legal claim of invasion of privacy. Invasion of privacy means interference with a person's solitude, seclusion, or private affairs that would be highly offensive to a reasonable person. Vermont also recognizes the right to sue for appropriation of a person's identity for commercial purposes (Staruski v. Continental Telephone Co., 581 A.2d 266 (Vt. 1990)).
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A person commits identity theft in Vermont when he or she:
• Obtains, produces, possesses, uses, sells, gives, or transfers personal identifying information belonging or pertaining to another person with the intent to use the information to commit a crime; or
• Knowingly or recklessly obtains, produces, possesses, uses, sells, gives, or transfers personal identifying information belonging or pertaining to another person without the consent of the other person and facilitates the use of the information by a third person to commit a crime (13 V.S.A. Sec. 2030).
Vermont's Security Breach Notice Act requires any data collector that owns or licenses computerized data that include personally identifiable information concerning a consumer to notify consumers that there has been a security breach following discovery or notification of the breach. A data collector that does business in Vermont but does not own or license this type of computerized data must immediately notify the owner or licensee of the data of a security breach (9 V.S.A. Sec. 2435 et seq.).
For purposes of the Act, the following definitions apply:
Data collectors include state agencies, privately and publicly held corporations, limited liability companies, financial institutions, and retail operators.
Personally identifiable ...

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