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December 10, 2007

New State Law Puts Pressure On Employers To Protect Privacy

D.M. Moschos, attorney with Mirick O'Connell.
Protection of personal info. is mandatory

Keeping employees' social security, driver's license and bank account numbers well protected has always been a good idea, but now it's also the law.
D.M. Moschos, an attorney with Mirick O'Connell, explained a new state identity-theft law to human resources professionals at a recent labor and employment law seminar held by the law firm.

The law, passed in August and taking full effect in February, requires employers to have procedures in place to protect those three types of data. If they are somehow stolen or released, a company must alert workers, the state Office of the Attorney General and the state Division of Consumer Affairs.

Keep It Private


One precaution Moschos suggested is not asking for the protected information on job applications. By collecting it only when actually making a job offer, a company can reduce the amount of paperwork that it needs to keep secured.

Moschos said it is also important not to include social security numbers on employee badges or timecards.

He said companies should use caution when sharing employee information with a third party. If a client, such as a government agency, requires an employer to give them protected data about employees, they should sign an agreement taking on responsibility for protecting the information.

Even some pieces of information not included in the new law should stay private, Moschos said. For example, the fact that birth dates are not specifically mentioned in the law does not mean employees cannot sue if they become public. He advised companies to keep home addresses and phone numbers and mothers' maiden names private as well.

Moschos said all employees with access to confidential information should receive training about the law, largely to make sure they are aware of how important it is to maintain workers' privacy.           

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