New York employers have a statutory obligation to use reasonable measures to safeguard private employee information and to advise employees of their rights under the law. Under Labor Law § 203-d all employers, regardless of size, are prohibited from:
- Displaying or posting an employee’s Social Security number;
- Printing an employee’s Social Security number on a time card, identification tag or badge;
- Maintaining a Social Security number in a file having unrestricted access;
- Communicating personal employee identifying information (Social Security number, home address, telephone number, email address, Internet identification names and passwords, drivers license number and pre-marriage surname) to the general public; or
- Using an employee’s Social Security number in connection with occupational licensing.
The statute imposes a civil penalty of up to $500 for a knowing violation of the law. A violation is deemed to be knowing if the employer has not implemented the statute’s notice requirements.
All New York employers should adopt, publish and distribute a written privacy protection policy consistent with § 203-d. Employers should self-audit to determine what private information they have, what they need, and how they maintain and handle it. Practices should be modified to comply with the law. A key to compliance is obtaining central control over the private information and restricting access to it. Employees who need to know private information must be trained on the law and the employer’s procedures.
For advice and guidance on protecting employees from identity theft, please contact Randolph C. Oppenheimer by e-mail, roppenheimer@damonmorey.com, or call 716.858.3780.
© 2010 Damon Morey LLP, Randolph C. Oppenheimer, Esq.
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