Q: what personal info is allowed to be given out about an ex employee. not trying to hire them.
Business is being harassed by an ex boyfriend who wants info about 2 former employees and why they were let go. Assuming there are privacy protections for personal info and looking to find the law about it.
A:
In California, there are several laws that protect the privacy of current and former employees. Employers are generally prohibited from disclosing certain personal information about their employees to third parties, including ex-partners. The most relevant laws in this context are:
1. California Constitution, Article 1, Section 1: This section of the state constitution establishes the right to privacy as an inalienable right of all people in California.
2. California Labor Code Section 1198.5: This law gives current and former employees the right to access their personnel files and prohibits employers from disclosing the contents of these files to third parties without the employee's consent.
3. California Civil Code Section 1798.83 (Shine the Light Law): This law requires businesses to disclose to customers, upon request, the types of personal information the business has shared with third parties for direct marketing purposes.
4. California Consumer Privacy Act (CCPA): Starting January 1, 2023, the CCPA grants consumers the right to know what personal information a business collects about them, the right to delete that information, and the right to opt-out of the sale of their personal information.
Under these laws, an employer is generally prohibited from disclosing personal information about former employees, such as the reasons for their termination, to third parties without the employee's consent. The employer may only provide limited information, such as the dates of employment and the positions held, without the employee's consent.
If the ex-boyfriend continues to harass the business for information about the former employees, the business should inform him that they are not permitted to disclose personal information about former employees without their consent. If the harassment persists, the business may want to consider legal action, such as obtaining a restraining order or involving law enforcement.
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