MAJOR PRIVACY LAWS

1. Reasonable Expectation of Privacy
   1. Unreasonable intrusion upon the seclusion or private affairs of another
   2. Unreasonable publicity given to another’s private life or private facts
   3. Appropriation of another’s name or likeness
   4. Publicity that unreasonably places another in a false light
       

2. Constitution of the United States
   1. 4^th Amendment:  “The right of the people to be secure in their person, houses, papers, and effects against unreasonable searches . . .”

-         Employee’s desks or lockers or seizure of their property

-         Most important for public employees

2. 14^th Amendment – the “Penumbras” concept

-         The word “privacy” not in constitution but is there by inclusion or necessity

-         Protects marriage, procreation, contraception, family relationships, and child rearing

3. Americans With Disability Act
   1. For disability, applies only to people with impairments
   2. However, for privacy of health and medical information applies to all employees
       

4. Family & Medical Leave Act
   1. Requires that records and documents related to medical certifications and other medical information on employees and their families be kept in separate files
   2. Prohibits discussion of such matters except on need to know basis
       

5. Employee Polygraph Protection Act
   1. Prohibits requested or required pre-employment “lie detector” testing of applicants
   2. Exception for some jobs, primarily police
       

6. Video surveillance

a.      Generally employers can use video surveillance for plain view situations

b.   Not allowed if reasonable expectation of privacy (restrooms & dressing areas – though might be able to do so in change rooms)

7. Telephone Recordings – Wire Taps – Tape Recordings
   1. General rule is that it is not allowed
   2. Extensive damages allowed per Federal law (actual, statutory if actual not shown, and punitive)
   3. Exceptions

-         If one party gives permission and so allowed by state law:

·        38 states, including Texas, require only that one party give permission.

·        12 states require that all parties to a telephone conversation give consent. They are California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, Washington

-         Federal and Texas law allows monitoring using a phone extension that is otherwise used for business purpose

8. Electronic Communications Privacy Act
   1. Applies to private internet services
   2. Exceptions for

-         Employers for reasonable business purposes

-         Persons who provide monitoring service for persons authorized to monitor

-         Employers cautioned to give notice and publish policy
 

9. HIPAA

-         Primarily healthcare providers and health plans

-         However, also if self insured

-         Setting a new standard for future

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