The CFO of a pharmaceutical company is duped by a phishing email and discloses many of the company’s employee personnel files to an online predator. The files include employee contact information, job applications, performance reviews, discipline records, and job descriptions.
Which of the following state laws would be an affected employee’s best recourse against the employer?
The state personnel record review statute would be the best recourse against the employer in this scenario. This statute governs the access, maintenance, and protection of employee personnel records, which include contact information, job applications, performance reviews, discipline records, and job descriptions. Given that these types of information were disclosed due to the phishing email, this statute would likely address the unauthorized disclosure and provide the affected employee with appropriate remedies.
Correct Answer: B. The state personnel record review statute. Explanation: If the state has specific laws regarding the protection and confidentiality of personnel records, this statute could provide the best recourse against the employer, as it would cover the unauthorized disclosure of the types of information listed in the scenario, such as contact information, job applications, performance reviews, discipline records, and job descriptions. Incorrect Answers: A. The state social security number confidentiality statute: Without SSNs being part of the breach, this statute would not apply. C. The state data destruction statute: This pertains to the proper disposal of records to prevent data breaches, not to an incident after a breach has occurred. D. The state UDAP statute: This could potentially apply if the employer's practices around data security were deceptive or unfair, but it is not the most direct link to the scenario provided.
A state personnel record review statute typically governs the access, maintenance, and protection of employee personnel records. It may establish certain rights for employees to access their own personnel records, and it could also include provisions related to data security and breaches of employee information. Given that the disclosed information includes employee contact information, job applications, performance reviews, and other personnel-related data, the affected employee could potentially rely on this statute to seek remedies or protections related to the breach of their personal and confidential information.
Agree with gpt_test B. The state personnel record review statute.
It seems C is the best answer. B relates to employee right to access personnel files. D relates to consumer rights. Nothing in the prompt suggests SSN's are implicated in relation to A. Therefore, it seems C is best. For example, job applications may have been retained beyond their useful business purpose.