Employer Privacy Violations: What Employees in Maryland Need to Know

Enacted in 2025, the Maryland Online Data Privacy Act (MODPA) provides strong privacy protections for employees in Maryland. Employees have privacy rights under other state laws as well. If your employer has violated your privacy rights, you may be able to take legal action with the help of an experienced Maryland employment lawyer.

In today’s connected world, protecting your privacy rights as an employee is more important than ever. Employers often store substantial amounts of personal, financial, and health information about their employees—and, if an employer fails to protect its employees’ data, this can potentially have serious consequences.

Employers can violate employees’ privacy rights in other ways as well. This includes improperly accessing employees’ personal data through access to their personal devices, among other improper practices. If your employer has improperly accessed, used, or failed to protect your data, you may have grounds to take legal action, and you will want to discuss your legal options with an experienced Maryland employment lawyer promptly.

5 Important Privacy-Related Protections Afforded to Employees in Maryland

Maryland’s privacy laws protect employees in several ways. Here are five examples of important privacy-related protections afforded to employees in the state:

1. Demanding Access to Data on Personal Devices

As a general rule, employers are prohibited from demanding access to employees’ personal data stored on their personal devices. This is true even when employees use their personal devices for work. While employers generally have the right to access their own data stored on employees’ personal devices (though protections apply here as well), they cannot use “bring your own device” policies as an excuse for invading their employees’ privacy.

2. Demanding that Employees Disclose Their Usernames or Passwords

Maryland law specifically prohibits employers from requiring employees to disclose their usernames or passwords for private accounts, including social media accounts. If an employer denies a job opportunity or takes adverse employment action based on an employee’s refusal to disclose a username or password, this can provide grounds to pursue a claim for damages and/or other remedies.

3. Improperly Requesting Personal Information

In Maryland, there are also strict restrictions on employers’ ability to request personal information. For example, employers in Maryland are prohibited from using job applicants’ criminal histories for initial screening. There are restrictions on asking employees for information about their credit, plans to start a family, and other family and financial circumstances.

4. Using Employees’ Personal Information for Improper Purposes

Even when employers are allowed to request personal information, they are still prohibited from using employees’ personal information for certain purposes. For example, employers cannot use information about an employee’s pregnancy (or any other medical condition) to make employment-related decisions when doing so would amount to pregnancy or disability discrimination.

5. Failing to Protect Employees’ Personal Data

When employers collect employees’ personal, financial, and health information, they have a legal duty to protect it. If an employer fails to take necessary steps to prevent a data breach that results in the disclosure of its employees’ data, this can implicate various privacy rights under Maryland law.

FAQs: Understanding Employees’ Privacy Rights in Maryland

When can employees sue for privacy violations in Maryland?

Employees can pursue privacy-related claims against their employers in various circumstances. However, whether this involves filing a lawsuit, filing a complaint with the Maryland Commission on Civil Rights (MCCR), or taking other legal action will depend on the specific issues involved. An experienced Maryland employment lawyer can examine your case and determine what options you have available.

Can my employer take adverse action against me based on my social media posts?

While there are limits (including those related to discrimination), as a general rule, employers in Maryland can base employment-related decisions on their employees’ public social media posts. Any information that an employee posts publicly online is not subject to privacy protections under Maryland law.

What should I do if my employer violated my privacy rights?

If you believe that your employer has violated your privacy rights, you should consult with an experienced Maryland employment lawyer promptly. If you have a claim, your lawyer can help you make informed decisions about your next steps and then take appropriate legal action on your behalf.

Discuss Your Legal Options with an Experienced Maryland Employment Lawyer

If you need more information about protecting your privacy rights as an employee in Maryland, we invite you to get in touch. To schedule an appointment with an experienced Maryland employment lawyer, call us at 410-514-6099 or contact us confidentially online today.