On March 21, 2023, Virginia’s governor approved Senate Bill 1040, which prohibits an employer from using an employee’s social security number or any derivative as an employee’s identification number. The bill also prohibits including an employee’s social security number or any number derived from the social security number on any identification card or badge.
social security numbers
Virginia’s Consumer Data Protection Act is not the only Privacy and Data Protection Law in the Commonwealth
Posted in Consumer Privacy
On January 1, 2023, Virginia’s Consumer Data Protection Act (CPDA) takes effect. Key features of the CPDA include expansive consumer privacy rights (right to access, right of rectification, right to delete, right to opt-out, right of portability, right against automatic decision making), a broad definition of “personal information”, the inclusion of a “sensitive data” category…
ACA Information Reporting Creates Data Privacy and Security Issues
During this year, businesses will be hearing a lot about the Affordable Care Act’s (ACA’s) information reporting requirements under Code Sections 6055 and 6056. Information gathering will be critical to successful reporting, and there is one aspect of that information gathering which employers might want to take action on sooner rather than later – collecting…
California Considers Broader and Tougher Data Disclosure Requirements for Use of Customer Personal Information
By Jason C. Gavejian on
Posted in Identity Theft
In the face of increasing incidences of and rising public concern regarding identity theft, the California Legislature is considering a bill with new personal information data disclosure requirements for California businesses and a broad definition of what constitutes personal information.
California Assembly Bill 1291, would require businesses who have customer personal information and have…
New York Tightens Protections on Social Security Numbers
A New York law, effective December 12, 2012, prohibits businesses and other entities from requiring individuals to disclose or furnish their Social Security Numbers for any purpose, subject to certain exceptions.
Continue Reading New York Tightens Protections on Social Security Numbers
More Sanctions for Improper Electronic Filing of Court Documents
By Jackson Lewis P.C. on
Posted in Data Security
With some harsh words of warning, a judge in the U.S. District Court for the District of Minnesota has sanctioned another law firm for electronic filing of documents disclosing birth dates, names of minors, financial account numbers and at least one social security number in violation of Fed. R. Civ. P. 5.2(a).
In a decision issued on…
Social Security Number Protection Act of 2010
By Jason C. Gavejian on
Posted in Workplace Privacy
On December 18, 2010 President Obama signed into law the Social Security Number Protection Act of 2010. The law has two key components.
First, the law establishes that no Federal, State, or local agency may display the Social Security account number of any individuals or any derivative of such number, on any check issued for…
Do You Know How to Take Out the Trash?
By Jason C. Gavejian on
Posted in Data Security
Joining the growing number of states which have enacted laws regulating the destruction of records to prevent possible identity theft, the Rhode Island Legislature passed H. 5092 on October 29, 2009. The bill requires businesses and government agencies to completely destroy records containing personal information, or render the personal information unusable, before disposing of records whether …
Law Firm Fined for Filing Papers with Social Security Numbers
By Jackson Lewis P.C. on
Posted in Data Security
In another recent example of a law firm running afoul of privacy requirements in litigation (See also the discussion of Kim v. St. Elizabeth’s), U.S. District Judge Michael Davis recently assessed a $5,000 sanction against the law firm for electronically filing an affidavit that contained the Social Security numbers and dates of births…