What You Need to Know About North Carolina Workplace Privacy Laws
You may wonder how much of your data is being tracked by your employer. Here’s everything you need to know about North Carolina Workplace Privacy Laws.
North Carolina does not provide a right to most workplace privacy. Furthermore, North Carolina common law only recognizes two of the four traditional common law claims pertaining to privacy: appropriation of one’s likeness and intrusion upon seclusion.
Privacy in North Carolina
North Carolina common law recognizes two of the four traditional common law claims. These claims are the appropriation of one’s likeness and intrusion upon seclusion.
North Carolina defines appropriation of one’s likeness as when “one uses another’s name or identity characteristics for their own use or benefit.”
North Carolina defines intrusion upon seclusion as “when someone intentionally intrudes, physically or through electronic surveillance, upon the solitude or seclusion of another.”
The Identity Theft Protection Act under § 75-60 et seq in North Carolina requires businesses to notify residents of any form of data collection, whether through direct contracting of information or by a secondary business. North Carolina also provides a guide to employee privacy laws for private employers in North Carolina.
Related: Workplace Defamation in North Carolina: Slander & Libel at Work
Employee Privacy Laws in North Carolina
1. Immunity against Civil Liability for Employers
An employer can disclose information about a current or former employee’s job history or performance, as long as it is truthful (to the employer’s knowledge) and discusses aspects relating to the employee’s performance, the reason for leaving, or suitability for reemployment. An employer cannot disclose employees’ personal information such as credit reports, court records, or educational records.
2. Identifying as a Person with a Disability
Employees are not required to identify themselves as a person with a disability before a conditional offer of employment. The employer can, however, invite applicants to self-identify as part of affirmative action. An employer is permitted to inquire about a person’s ability to follow through with the required duties of a job and go through a medical examination to affirm or determine areas for accommodations.
3. Discrimination based on HIV/AIDs status
Employers cannot use any AIDs test to determine an applicant’s suitability for continued employment. An employer may not ask for an AIDs test under medical examinations routinely required for all employees.
4. Access to Employee Medical Information
Employers have reasonable access to employee medical history related to a worker’s compensation claim. An employee’s medical history may include medical records, including identifying healthcare providers, or any written or oral communication with healthcare providers.
5. Access to Wire, Oral, Or Electronic Communications
Without the consent of at least one party involved in the communication, it is unlawful to intercept, disclose or wire any employees’ communications. This law is true for oral communications in person or via phone, or electronic communications through emails or text messages.
6. Protection from Security Breaches
Any business that stores the personal information of residents of North Carolina must notify its users of any form of a security breach that has occurred or is likely to occur. Notification is particularly important if a breach is likely to result in material that could cause potential harm to the residents.
7. SSN Protection
Businesses are not allowed to communicate or share information regarding the SSN of individuals who use the services of their businesses or employees to protect their privacy.
Related: 10 Subtle Forms of Sexual Harassment in the Workplace
Filing for a Violation of Workplace Privacy in North Carolina
If you feel your employer has violated your workplace privacy, you may file a complaint with the North Carolina Department of Labor.
FAQs About North Carolina Workplace Privacy Laws
What are the four common law claims for privacy?
The four common law claims for privacy are:
- Intrusion on a person’s seclusion or solitude;
- Public disclosure of embarrassing private facts about a person;
- The publicity that places a person in a false light in the public eye; and
- Appropriation, for the defendant’s advantage, of the person’s name or likeness.
North Carolina only accepts appropriation of one’s likeness and intrusion upon seclusion as valid claims.
Do I have the right to sue my employer if they disclose my private information in North Carolina?
Yes, employees have the right to sue their employer for invasion of privacy or even defamation if they spread false information or disclose their personal information.
Contact Us
If you or a loved one would like to learn more about North Carolina Workplace Privacy Laws, get your free consultation with one of our Employment Attorneys in North Carolina today!