New Virginia Law Affirms Right Not to Disclose Employee Data

June 28, 2013, 02:26 PM

Over the years, the K&C Labor and Employment Team has advised employers to be extremely wary of disclosing personal information about their employees. A new law passed by the General Assembly, effective July 1, 2013, provides companies with additional legal support for this good human resources practice. The statute defines an employees personal identifying information as home or mobile telephone number, e-mail address, or shift times and work schedules. The new law does not prohibit the disclosure the employer retains the discretion to disclose the information if warranted but provides that the employer shall not . . . be required to disclose the data. Exceptions exist for disclosures mandated by a subpoena, civil discovery, a warrant or court order, or federal law. But in the absence of those circumstances, the new statute confirms that Virginia employers retain the right to decline to disclose personal details about their employees. —Burt H. Whitt