QuestionQ209

State Privacy Laws

A pharmaceutical company’s CFO is deceived by a phishing email and reveals numerous employee personnel files to an online predator. The files contain employee contact information, job applications, performance reviews, discipline records, and job descriptions.

Which of the following state laws would provide an affected employee with the best recourse against the employer?

  • A The state social security number confidentiality statute.
  • B The state personnel record review statute.
  • C The state data destruction statute.
  • D The state UDAP statute.
Explanation

The state personnel record review statute directly governs an employer’s disclosure of employee disciplinary records to third parties and provides an affected individual a mechanism to bring a complaint or action for a violation. The disclosure of personnel files containing discipline records therefore falls within that statute’s protections.

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