Practice Areas Employment Law Employee Privacy Rights and Data Protection

Maryland Employment Lawyers Representing Employees in Privacy and Data Protection Matters

As an employee in Maryland, understanding your right to privacy in the workplace can be challenging. The federal government has yet to enact a comprehensive data privacy statute, and while federal laws like the Health Insurance Portability and Accountability Act (HIPAA) provide employees with privacy rights in certain circumstances, these laws are extremely complicated. Additionally, while Maryland has enacted a privacy law that takes effect on October 1, 2025, this law focuses more on protecting consumers than protecting employees. As a result, employees’ privacy protections are a patchwork at best, and if you have questions about your privacy rights, you will need to speak with an experienced Maryland employment attorney.

At The Law Firm of J.W. Stafford, LLC, we represent public-sector and private-sector employees in all employment-related matters. This includes matters involving employees’ privacy rights. If you have questions about your privacy rights or your employer’s data protection obligations, our Maryland employment lawyers can explain everything you need to know.

Privacy in the Workplace: Areas of Concern for Employees

As an employee, you may quite understandably have concerns about your privacy for a variety of different reasons. Your employer has access to a lot of information about you, and if you are like most people, you do not want this information shared with a larger audience. Broadly speaking, most employees’ privacy concerns involve five main types of information:

Personally Identifying Information (PII)

Personally identifying information (PII) includes anything that someone can use to identify you as an individual. This includes not only your name, but also your phone number, address, Social Security number, license plate information and any other identifying information your employer may have in its possession. While employers need to collect PII for their own recordkeeping and compliance purposes, employers must also take adequate steps to ensure that their employees’ PII does not fall into the wrong hands.

Employment Information

From your current compensation package to any disciplinary actions you have faced in the past, there are various aspects of your employment that you may understandably want to keep private as well. Even though this information may not qualify as PII, you still have a reasonable expectation of privacy, and you should consult with a Maryland employment attorney if you believe that your employer has disclosed this information—either intentionally or inadvertently—without your consent.

Family Information

From having a child to getting divorced out of necessity, your employer is usually one of the first ones to find out when you experience significant family changes. If you want this information kept private, your employer should not be the one to share your personal family updates with the world.

Financial Information

Employers typically have access to a significant amount of their employees’ financial information as well. This includes not only their employees’ compensation information but also their bank account information and retirement account information, and, in some cases, information about wage garnishments and other similar types of issues. Here, too, this is private information that your employer generally should not be sharing without your consent.

Health Information

Among all of the types of information employers collect about their employees, health information is currently among the most protected. But, even here, limitations and exceptions apply. If your employer has improperly obtained or disclosed your health information, or if you believe your employer has improperly used your health information to make employment-related decisions, a Maryland employment lawyer can assist you in this situation as well.

The Intersection Between Privacy and Discrimination

In many cases, privacy concerns and discrimination concerns go hand-in-hand for employees. In the privacy context, discrimination concerns most often arise when employers use employees’ private data to make employment-related decisions.

Under Maryland and federal anti-discrimination laws, employers are generally prohibited from making employment-related decisions based on their employees’ personal information (other than information that is directly relevant to their qualifications and ability to perform on the job). Various laws also prohibit employers from taking financial, health, and family information into account when making decisions about hiring, placement, promotion and termination.

For example, let’s say that you are pregnant. You tell your employer—because you really don’t have any other choice—and then suddenly, your employer reassigns you to a less-desirable position, and your new co-workers immediately congratulate you on your pregnancy. In this scenario, not only might your employer have infringed upon your privacy rights, but your employer may also have violated your rights under the Pregnancy Discrimination Act.

How Our Maryland Employment Lawyers Can Help

So, how can we help you? At The Law Firm of J.W. Stafford, LLC, we advise and represent private-sector and public-sector employees in Maryland who have concerns about their privacy at work. We also assist those who are dealing with discrimination, harassment and other issues on the job. In the area of employee privacy, our practice includes helping employees protect their legal rights with respect to:

• Work-from-Home Policies
• Bring-Your-Own-Device (BYOD) Policies
• Social Media Policies for Private Accounts
• Personal Information on Company-Owned Devices
• Using Private Information for Employment-Related Decisions
• Employers’ Noncompliance with Their Own Privacy and Data Protection Policies
• Sharing Information with Third-Party Vendors
• Employer Cybersecurity Breaches

If you have any concerns about your privacy at work for any reason, we strongly encourage you to get in touch. Rarely do these types of issues get better on their own. Our attorneys can help you understand your legal rights and options, and if you have grounds to pursue legal action, we can take all necessary and appropriate legal action on your behalf.

Speak with a Maryland Employment Attorney at The Law Firm of J.W. Stafford, LLC

To learn more about your privacy rights as an employee in Maryland, contact The Law Firm of J.W. Stafford, LLC today. Our Maryland employment lawyers represent private, state and federal employees statewide. Call 410-514-6099 or tell us how we can reach you online to schedule a confidential initial consultation.