Total Articles: 21
Federal Contractors Must Conduct Employee Privacy Training under Proposed Regulation
The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) have proposed that the Federal Acquisition Regulation (FAR) be amended to require federal contractors to provide privacy training to certain employees or be barred from certain government work. Under the October 14 proposal, an employee who will access government records or records systems or handle personally identifiable information must be given training that addresses the protection of privacy, in accordance with the Privacy Act of 1974, and the handling and safeguarding of personally identifiable information in order for access to such records to be granted or retained. The public has until December 13, 2011, to submit comments to the proposal.
Senator Introduces Bill to Protect Online Personal Information – How Will Your Security Systems Rate?
Senator Richard Blumenthal, a Democrat from Connecticut, introduced the Personal Data Protection and Breach Accountability Act of 2011 on Thursday. The aim of the bill is to protect personal information from online security breaches, as well as punish companies that act carelessly with customers’ information.
May you view an employee's attorney-client communications if exchanged via work email? (pdf)
The relative secrecy of workplace communications has been in the news
quite a bit recently. A new opinion from the California Court of Appeals
raises the issue again, reminding Delaware employers that e-mail is not
private, especially when your employees are using an e-mail address
supplied by the company.
Supreme Court Spotlights Retaliation, Privacy
Can the federal government require contract employees to disclose their use of illegal drugs? Can states sanction employers that knowingly hire unauthorized aliens? Can employers be held liable for the discriminatory actions of managers who don't make ultimate employment decisions? The U.S. Supreme Court will decide these and other issues in its new term, which began on October 3.
Individual's "Private" Social Networking Sites Are Not Exactly Private, New York Court Rules
In a suit for personal injuries, a New York court has determined that information designated as “private” on a plaintiff’s social networking sites may be accessed by the defendants in pre-trial discovery. Rejecting the plaintiff’s argument that production of this information would violate her right to privacy, Supreme Court Justice Jeffrey Spinner granted the defendants’ discovery request and ordered that the plaintiff consent to the defendants’ access to information posted on her Facebook and MySpace pages. Romano v. Steelcase, Inc., __ Misc. 2d. __, 2010 NY Slip Op. 20388 (Sup. Ct., Suffolk County 2010). This decision provides defense counsel with precedent upon which to argue that information designated as “private” on a plaintiff’s social networking site is relevant and subject to discovery.
Personnel, Investigative and Health Records (pdf).
Whether or not in a quest to civilize the American workplace,
lawmakers have seen fit to protect employee privacy by regulating
employers’ practices with respect to acquiring, retaining, and disclosing
information regarding job applicants and employees. Thus, employers
face restrictions on their license to access, use, and
In Wake Of Court Ruling On Privacy Issue, All Employers Need Employee Tech Policies
In mid-June, for the first time, the U.S. Supreme Court considered whether an employer was within its rights to search employee text messages. The court decided unanimously that the search was reasonable. Although the case focused on a government employer, the decision clearly has ramifications for private businesses as well.
Supreme Court Ruling on Employer Monitoring of Employee E-mails and Social Media.
Aaron Gelb appeared on SpencerConnect blog (part of BlogTalkRadio.com) and discussed the recent Supreme Court decision in City of Ontario (CA) v Quon, on employer monitoring of employee e-mail and social media sites; and its implications for employers. The discussion focused on employer monitoring of Internet usage at work, including risks of ignoring warning signs; how employers monitor social media and the associated pitfalls. Mr. Gelb covered additional implications ranging from state laws protecting off-duty conduct, to retaliation provisions of employment laws. He also briefly talked about what employers should do in terms of policies and procedures.
In “Sexting” Case, Supreme Court Unanimously Supports Employer’s Search of Employee’s Text Messages, But Refuses to Announce a Rule For All.
The Supreme Court issued a unanimous decision in City of Ontario v. Quon—the first Supreme Court case directly addressing public employees’ privacy rights with respect to communications via employer-issued communications devices such as pagers, cell phones and smart phones. In the 9-0 decision (with two concurring opinions), the Court held that a California city’s review of two months’ worth of text messages on a police officer’s city-issued pager was reasonable where the city was concerned that, among other things, it might be paying for employees’ personal use of those pagers. Notably, the Court took pains to limit its holding to the particular facts of the case, making clear that it wished to avoid defining the contours of employee privacy rights on new technology before the role of the technology in the workplace and society become clear.
The Fig Leaf Precedent Set by Stengart v. Loving Care Agency, Inc.
On March 30, 2010, the New Jersey Supreme Court affirmed the intermediate appellate court's decision in Stengart v. Loving Care Agency, Inc., a widely followed workplace privacy case with national implications. In a unanimous opinion, the Supreme Court held that an employee had a reasonable expectation of privacy in her e-mail communications exchanged with her personal attorney through her web-based, password-protected Yahoo! e-mail account using her employer's computer.
Are You Monitoring Your Employees’ Facebook Pages?
Social-media searches by employers are all the rage when hiring new employees. Every time talk about social media, inevitably the discussion turns to the question, “Can I check a candidate’s Facebook page?” Last week, at my presentation to Delaware SHRM, this was the main topic of conversation—how to lawfully and ethically incorporate social-media searches in your background checks without setting your organization up for lawsuits and liability.
2010 Is Not 1984: Stengart v. Loving Care Agency, Inc. and Cyber Privacy in the Workplace.
"There was of course no way of knowing whether you were being watched at any given moment," explained Winston Smith, the protagonist of George Orwell's masterpiece, 1984. Smith and his fellow employees worked and lived under the assumption that every sound they made was overheard, every utterance recorded, and every movement scrutinized by their employer, a government agency. As an ever-increasing number of employers provide their employees with work-issued computers and Internet access, life appears to be imitating art.
Workplace Privacy: Not Just a Problem for Erin Andrews.
With the disclosure of personal information now rampant on social networking sites like Facebook and Twitter, it sometimes seems like privacy is a relic of the past. Don't be fooled: privacy is a hot legal topic with serious implications for employers.
FTC Announces Delay in Implementation of Red Flags Rule.
The Federal Trade Commission (FTC) recently announced that it is postponing implementation of the Red Flags Rule until November 1, 2009, in order to provide businesses with more education about compliance with the Rule. This will include additional resources and guidance to clarify whether businesses are covered by the Rule and, if so, what they must do to comply.
Schools May Be Required to Comply with FTC Rules Aimed at Preventing Identity Theft
Last year the Federal Trade Commission (“FTC”) issued rules aimed at preventing and combating identity fraud (the “Red Flag Rules” or the “Rules”). The Red Flag Rules require “financial institutions” and “creditors” that hold “covered accounts” to develop and implement an identity theft prevention program for new and existing accounts. The FTC has broadly interpreted the terms “creditors” and “covered accounts” to impose compliance on many institutions that are not engaged in extending credit and financing in the traditional sense. Mandatory compliance with the Rules began on Nov. 1, 2008; although the FTC announced that it will delay enforcing them until May 1, 2009, to give creditors and financial institutions additional time to comply with the Rules. In this Alert, we explain why the Red Flag Rules may be applicable to your school.
Data Security Breaches and Privacy Incidents (pdf).
Companies have developed
new ways to create, store,
access, use and LOSE data.
Indeed, since January 2005,
the Privacy Rights
Clearinghouse has reported
that more than 1,000 data
breaches have occurred,
involving more than 220 million
records. In reality, the number
of actual data breaches is much
higher, given that not all
incidents are reported. Notably,
however, in just the fi rst quarter
of 2008, 167 data breaches
have been reported, involving
8.3 MM fi nancial and consumer
records. A data breach or loss
can occur in a variety of ways:
Employee Privacy Update: Review Of Employee Text Messages Deemed Invasion Of Privacy.
Workplace privacy rights can be tricky. Consider the following scenario: A company provides two-way alpha-numeric pagers to employees. The pager service plan allows for transmission of 25,000 characters per month, beyond which an overage fee is assessed.
Review of Employee Text Messages Deemed Invasion of Privacy
Employers may violate constitutional privacy rights by reviewing employee text messages delivered on company-provided equipment, according to a Ninth Circuit Court of Appeals.
Liability for Data Security Breaches Expanding (pdf).
On January 17, 2007, a computer hacker accessed the
computer systems of TJX Companies, Inc., a parent
company of T.J. Maxx, Marshall’s and other retailers,
and stole sensitive and confidential information
communicated during customer transactions dating
back to 2003. Fraudulent use of this stolen information
has thus far been detected in Florida, Georgia,
Louisiana, Hong Kong and Sweden. As a result of
this incident, numerous class actions have been fi led
against TJX on behalf of consumers whose information
was stolen.
Employer's Unauthorized Access To Employee's Website May Violate Federal Statute.
The Ninth Circuit ordered a jury trial where an employer's alleged use of false pretenses to access an employee's website violated the federal Stored Communications Act, which prohibits unauthorized access to an "electronic communication service."
workplace privacy: four key principles to follow.
Provides tips for employers to ensure that they do not violate employee privacy rights.
