Texas Privacy in the Workplace Policy

State:
Multi-State
Control #:
US-212EM
Format:
Word; 
Rich Text
Instant download

Description

This policy explains to the employees that there is minimal privacy in the workplace.

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FAQ

Texas observes three types of invasion of privacy claims: (1) misappropriationthe right to be free from the unwarranted appropriation or exploitation of one's personality; (2) unlawful publicitythe publicizing of one's private affairs with which the public has no legitimate concern; and (3) intrusion on seclusionthe

Texas does not have a privacy law that applies to private companies and specifically addresses online privacy.

The Privacy Act only applies to an employee record if the information is used for a purpose not directly related to the employment relationship. However, workplace laws require a range of information to be made and kept for each employee.

Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.

So, what is employee data or HR data? Quite simply, it is an employee's application file, personal file, payroll information, leave/medical file, and all the information employers have about their employee whether it be to hire/fire, pay, provide benefits, enroll in 401k and similar programs, etc.

This can include salaries, employee perks, client lists, trade secrets, sales numbers, customer information, news about pending terminations, reasons for a firing, phone codes or computer passwords. You may not divulge this information while you are working for an employer or after you leave.

While there is no single universal legal definition of private employee data, it generally includes employee addresses, photos, social security numbers, dates of birth, protected class information and medical records.

The TMRPA, or Texas Privacy Act, focuses on maintaining the privacy of Protected Health Information (PHI) for patients and customers. According to U.S. law, PHI consists of any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity.

The Privacy Act allows you to: know why your personal information is being collected, how it will be used and who it will be disclosed to. have the option of not identifying yourself, or of using a pseudonym in certain circumstances. ask for access to your personal information (including your health information)

In particular, Privacy Laws includes the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Family Educational Rights and Privacy Act (FERPA), the Identify Theft Enforcement and Protection Act (ITEPA), the GDPR and other applicable laws that specify privacy, security or security breach

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Texas Privacy in the Workplace Policy