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Invasion of Privacy Law North Dakota

Accessing an individual's details without his or her consent can be termed as an invasion of privacy. In North Dakota, transmitting any kind of confidential data pertaining to an individual or a firm which is stored in the form paper or a microfilm or a computer program is strictly formidable. Since disclosing such data leads to breach of trust and leads to the risk of fraudulent activities. Individuals will be punished in case they are found guilty under the Privacy Law of North Dakota.

Under ND Cent Code § 26.1-36-12.4, the State of North Dakota has amended several measures relating to the invasion of privacy laws at the workplaces. Since privacy is a delicate issue between the employers and employees, employers want to monitor the activities of employees for inspection. Employees also demand privacy in terms of the working environment, computer files, conversation relating to e-mail or telephone, etc. 

However, employers belonging to manufacturing or healthcare sectors are bound to keep a watch on employees movements. Since employers are now more worried about issues relating to fraud or theft or transmission of sensitive information.

Therefore, monitoring the day-to-day activities of employees is considered to be a legal practice for such organizations across the globe. However, the employer is required to have in-depth knowledge of privacy laws before dragging the employees into sensitive issues.

Invasion of Privacy Law North Dakota

Invasion of Privacy Laws Pertaining to Worker's Compensation

An employee is eligible for compensation in case of injury or an accident. It is his legal right to obtain such monetary benefit. The data relating to employees health and compensation are maintained in a separate register.

The data relating to the same are very confidential. Designated representatives or medical practitioners or employers or insurance agents are allowed to access the information relating to the employee's records(ND Cent. Code Sec. 65-05-32).

However, North Dakota Invasion of Privacy Laws prohibits employers from certain practices. They are:
  • RFID- Radio-Frequency Identification Chips(RFID Chips): To track movements of employees on a daily basis, employers of various organizations ask their subordinates to insert the RIFD chips into their body. However, the State of North Dakota strictly prohibits employees from following such practices. Therefore, the employer will face harsh punishment and penalty in case he is found guilty of such inhuman acts. The statute applicable will be ND Cent. Code Sec. 12.1-15-06 against the employer.
  • Electronic Transmission: Transmitting information through wired or oral devices are considered to be unlawful in North Dakota. In case the employer is found intercepting data through mechanical or digital devices, then he will be held under Class C Felony charges. The statute applicable will be ND Cent. Code Sec. 12.1-15-02(1)

North Dakota Invasion of Privacy Lawherefore, an individual will be held guilty for an Invasion of Privacy Law in North Dakota in case

a) He is found to be knowingly extracting sensitive information through any kind of electronic or wired device;
b) Discloses the crucial data to other individual or uses the data for a wrongful purpose.

However, by presenting the necessary facts and records, the person in question can claim to be innocent. The individual needs to prove that he is an authorized agent who has been assigned to extract or reveal such sensitive information.

Privacy Laws deviate from one region to another in various parts of the United States of America. Different areas have either adopted new legislation or have amended the existing ones. Laws relating to cybersecurity, medical privacy, insurance, and other privacy issues are being considered as a severe offense across the United States.

However, state laws are said to be modified or distended versions of existing Federal Laws. To prevent crimes relating to an individual's privacy, every organization needs to take precautionary measures. These may include setting a tough password, scanning computer devices on a regular basis, and hiring an expert IT professional, etc.

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Search for anyone in the United States! 100% Confidential! Updated on August 10, 2022
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