Virginia Code 40.1-28.7:4: Release of employee’s personal identifying information.
A. As used in this section, “personal identifying information” means any of the following items of information about a current or former employee: home telephone number, mobile telephone number, email address, shift times, or work schedule.
Terms Used In Virginia Code 40.1-28.7:4
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Employee: means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. See Virginia Code 40.1-2
- Employer: means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee. See Virginia Code 40.1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Subpoena: A command to a witness to appear and give testimony.
B. An employer shall not, unless an exemption described in subsection C applies, be required to release, communicate, or distribute to a third party any current or former employee’s personal identifying information.
C. The provisions of subsection B shall not apply to a release, communication, or distribution of personal identifying information that is:
1. Required pursuant to any applicable provision of federal law that preempts the provisions of this section or of state law that requires an employer to release, communicate, or distribute personal identifying information;
2. Ordered by a court of competent jurisdiction;
3. Required pursuant to a warrant issued by a judicial officer; or
4. Required by a subpoena issued in a pending civil or criminal case, or by discovery in a civil case.
2013, c. 495.