Virginia Privacy laws & HR compliance analysis

Virginia Privacy: What you need to know

There are traditionally four invasion of privacy claims recognized by state courts, namely, intrusion upon solitude or seclusion; public disclosure of private facts; false light privacy; and appropriation of one's name or likeness. However, Virginia only recognizes a civil claim for the unauthorized use for advertising or trade purposes of a person's name, portrait, or picture without first obtaining consent (VA Code Sec. 8.01-40). There is more information on these common law rights of privacy.
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Virginia law restricts the use of Social Security numbers (SSNs). Specifically, any person or employer in Virginia is prohibited from:
• Intentionally communicating an individual's SSN to the general public;
• Printing an individual's SSN on any card required to access or receive products or services;
• Requiring the use of a SSN to access an Internet website unless a password or other security device is used; or
• Mailing a package with the individual's SSN visible (VA Code Sec. 59.1-443.2).
State law prohibits a person, firm, or corporation from intercepting, monitoring, or attempting to monitor an employee or agent’s telephone communications with a customer. The statute specifies that a person, firm, or corporation may monitor telephone calls as long as notice is given to the employee. Violation of the statute is a misdemeanor (VA Code Sec. 18.2-167.1). Outside the scope of this provision, intercepting a wire, electronic, or oral communication is a class 6 felony. Exceptions include interception by, or with the prior consent of, a party to the communication (VA Code Sec. 19.2-62).
An individual or entity that maintains computerized data that includes personal ...

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