Employee Privacy: North Carolina

Federal law and guidance on this subject should be reviewed together with this section.

Author: Michelle Rippon, Constangy, Brooks, Smith & Prophete, LLP

Summary

• North Carolina's Identity Theft Protection Act restricts employers in the collection, use and disposal of Social Security numbers as well as other personal information. See Identity Theft Protection Act.
• State law provides criminal penalties to any employer who intercepts wire, oral, or electronic communications without the consent of one party. See Wiretapping.
• Background checks must be conducted for child and adult care workers and, under certain circumstances, for teachers. See Background Checks.
• Employers are prohibited from asking job applicants about criminal records that have been expunged. See Ban the Box Law.
• Personal information contained in a person's motor vehicle records may not be disclosed. See Motor Vehicle Records.
• Drug testing is permitted in North Carolina if conducted pursuant to statute. See Drug and Alcohol Testing.
• North Carolina has laws governing rights of employees to examine personnel files. See Personnel Files.
• North Carolina common law recognizes claims for invasion of privacy. See Common Law Claims for Invasion of Privacy.