Exceptions. There are exceptions to this blanket prohibition, such as if the interception is authorized by statute for law enforcement purposes or consent of at least one of the parties is given. Although some states such as California prohibit the recording of conversations unless all parties consent, ECPA requires only one party to consent. An individual can record his own conversation without violating federal law. In the workplace, an employer would likely not violate ECPA by listening to an employee’s communications if, for example, blanket consent was given as part of the employee’s contract. In addition to criminalizing the actual wiretapping or electronic eavesdropping, ECPA also prohibits an individual from disclosing such information obtained illegally if the person has reason to know that it was obtained illegally through the interception of a wire, oral, or electronic communication. Email. The Stored Communications Act (“SCA”) has been found to apply to all email stored in the United States whether it belongs to U.S. citizens or foreigners. [See Suzlon Energy Ltd. v. Microsoft Corps. 671 F.3d 726 (9th Cir. 2011)]. Federal Laws Related To Social Security Numbers A social security number is a sensitive piece of information and remains one of the easiest ways for a criminal to pursue identity theft. There are a variety of federal and state laws that require businesses to protect the confidentiality of social security numbers. Federal legislation specifically focused on restricting the use and disclosure of social security numbers has been introduced but no comprehensive law exists today at the federal level. The GLBA and HIPAA protect the confidentiality of personally identifiable information, including social security numbers. FCRA limits access to credit data (including social security numbers) to those with a permissible purpose. FACTA (which amended FCRA) allows consumers who request a copy of their credit report to ask that the first five digits of their social security number not be included in the file. 53
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