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the individual’s interest in disclosure of the information sought; the public interest in disclosure; the degree of invasion of personal privacy; whether there are alternative means of getting the information; The Privacy Act grants employees two options for relief: criminal penalties and civil remedies, including damages and injunctive relief.
- 5 U.S.C. § 552A(B)(1) - Need to Know Within Agency
- 5 U.S.C. § 552A(B)(2) - Required FOIA Disclosure
- 5 U.S.C. § 552A(B)(3) - Routine Uses
- 5 U.S.C. § 552A(B)(4) - Bureau of The Census
- 5 U.S.C. § 552A(B)(5) - Statistical Research
- 5 U.S.C. § 552A(B)(6) - National Archives
- 5 U.S.C. § 552A(B)(7) - Law Enforcement Request
- 5 U.S.C. § 552A(B)(8) - Health Or Safety of An Individual
- 5 U.S.C. § 552A(B)(9) – Congress
- 5 U.S.C. § 552A(B)(10) - Government Accountability Office
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – (1) to those officers and employees of the agency...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (2) required under section 552 of this titl...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be -- . . . (3) for a routine use as defined in subsec...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (4) to the Bureau of the Census for purpose...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (5) to a recipient who has provided the age...
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains unless the disclosure would be – . . . (6) to the National Archives and Records Ad...
“No agency shall disclose any record which is contained in a system of records …except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of th...
“No agency shall disclose any record which is contained in a system of records…except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual ...
“No agency shall disclose any record which is contained in a system of records…except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommitte...
“No agency shall disclose any record which is contained in a system of records…except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be— … (10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the...
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Feb 1, 2023 · What Are Employee Privacy Rights? Employee privacy rights are the rules that limit how extensively an employer can search an employee’s possessions or person; monitor their actions, speech, or correspondence; and know about their personal lives, especially but not exclusively in the workplace.
Aug 30, 2017 · The Consumer Credit Reporting Reform Act became effective September 30, 1997, and requires employers (both public and private) to make full disclosure to employees and prospective employees whenever a report is obtained, and to obtain the employees' consent before obtaining such a report.
Feb 21, 2023 · Tags: HR. Key takeaways. Employee privacy rights are governed by a combination of state and federal laws as well as commonly followed data protection best practices. Employers must consider privacy risks, such as opening themselves to a lawsuit and endangering employee safety and well-being.
Aug 28, 2020 · Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case. by: Samuel H. Ottinger, Rebecca J. Bennett of Ogletree, Deakins, Nash, Smoak & Stewart,...
The case of EEOC v. Simply Storage Management, LLC(S.D. 2010) 270 F.R.D. 430 showed that employers can use discovery requests to access the private Facebook profiles of their employees during litigation. In that case, the EEOC sued Simply Storage for sexual harassment on behalf of two employees.
