Recently, the Supreme Court of the PA issued its statements emphasizing a general right to privacy. In Pennsylvania State Education Association v. Commonwealth of Pennsylvania Dept. of Community and Economic Development, the Court found that the public interest in disseminating information under the state RTKL did not outweigh the constitutional privacy interests of public school employees and their right to privacy at home.16 In its analysis, the PA Supreme Court confirmed that the right to privacy of information in the Pennsylvania Constitution is linked to a wide range of rights, confirming that the Pennsylvania Constitution provides “an even stricter and more explicit protection of an individual`s right to privacy than the Constitution of the United States.” 17 8th Pa. Liquor Control Board v. Beh, 215 A.3d 1046, 2019 Pa. Commw. LEXIS 660 **, **16, 2019 WL 3209994 (Pa. Commw. 2019), citing 65 P.S. § 67.305(a); see also Governor`s Office of Admin. Campbell, 202 A.3d 890, 896 (Pa. Commw.
2019) (“For these reasons, we conclude that the requested information about the residence of Commonwealth staff is protected by the constitutional right to privacy of personal information and that this right in this case is not offset by the public interest in the release. Therefore, OOR erred in ordering the disclosure of the residential quarters of Commonwealth employees under the RTKL. In practice, GDPR compliance may even be a contractual requirement in some industries, such as consulting and technology. Creating a GDPR-compliant privacy policy not only contributes to the protection of personal data, but also makes economic sense. In addition, a company must ensure that all employees handling consumer inquiries about the company`s privacy practices know how to ask a consumer to exercise their rights. Bridget is an associate lawyer in the firm`s Philadelphia office. His practice focuses on cyber risk and data protection, dealing with incident response and advising on compliance issues related to national and international data protection and cybersecurity regulations. In addition, Bridget handles defence matters related to the liability of premises and general litigation. The Supreme Court of the PA has recognized the common law right to protect its data. Dittman v. UPMC noted that “an employer has a legal duty to exercise due diligence to protect its employees` sensitive personal data stored by the employer on a computer system accessible via the Internet.”41 While the PA Supreme Court made this decision in the context of an employer-employee relationship, as it is based on long-standing common law principles, many expect the decision to apply to contexts outside the employment relationship.
Unlike the breach of data protection claims, this court-recognized cause of action rests solely on the underlying tort principles of duty of care. A request for trespassing in segregation may be invoked when “a person who intentionally physically or otherwise infringes on the solitude or isolation of others or on his or her private business or concerns is liable to the other person for the invasion of his or her privacy, if the interference would be highly offensive to a reasonable person.”18 The request may be based on a physical intrusion into a place to which the applicant has withdrawn; using the defendant`s senses to monitor or eavesdrop on the plaintiff`s private affairs; or any other form of investigation or investigation into the applicant`s private concerns.19 Pennsylvania also recognizes a customary right to privacy that individuals enforce against companies and other individuals by filing causes of action in civil court. The common law invasion of privacy claim consists of four distinct but interrelated torts.14 These offences are15: According to Title 18 Chapter 75 of the S.C., invasion of privacy is also a criminal offence. A person may be convicted of invasion of privacy if the perpetrator knowingly does any of the following to arouse or satisfy a person`s sexual desire (18 Pa. C.S. §7507.1(a)): Learn about Clarip`s patented privacy technology and how Clarip can help your organization comply with new government regulations protecting the rights of data subjects. Call Clarip today at 1-888-252-5653 or schedule an online demo! In addition to complying with all the specifics contained in certain data protection laws, companies that operate a website or collect consumer information of any kind should have certain internal safeguards and procedures in place to protect personal data to mitigate cybersecurity threats.
