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Report Link For Your Eyes Only: Employee Privacy on Employer Systems.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - January 29, 2010 Where is the line between an employee's right to privacy and an employer's right to monitor its employees while on company time or using company equipment or networks? How is an employer charged with preventing harassment supposed to effectively monitor the large volume of communications between its employees? While the law has yet to establish bright-line answers to these questions, recent legal developments provide some guidance. Report Link Workplace Privacy: Not Just a Problem for Erin Andrews.Fisher & Phillips, LLP - September 02, 2009 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. Report Link FTC Announces Delay in Implementation of Red Flags Rule.Ford & Harrison LLP - August 06, 2009 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. Report Link Data Security Breaches and Privacy Incidents (pdf).Vedder Price - August 19, 2008 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: Report Link Business Travelers Beware: New Customs Policy Allows the Government to Search Documents, Laptops and Other Data Storage Devices at the Border.Baker Hostetler LLP - August 11, 2008 Next time you travel outside the United States, don't be surprised when U.S. Customs and Border Protection agents give your laptop a closer look than ever before. According to a policy announced on July 16, 2008, Customs agents have authority to conduct searches at the border of information contained in documents and electronic devices such as laptops and flash drives, even without any suspicion of wrongdoing or unlawful activity. There is no distinction between foreigners and Americans. The new policy allows Customs to search, copy, retain, and share information from computers, disks, hard drives, electronic or digital storage devices, as well as documents, books, pamphlets, and other printed materials. Officers may detain documents and electronic devices for as long as they deem necessary and reasonable to perform a thorough search, either on or off site. Customs may share the documents or electronic devices with other federal agencies or entities for translation, decryption, or subject matter assistance, without notice. Report Link Employee Privacy Update: Review Of Employee Text Messages Deemed Invasion Of Privacy.Barker Olmsted & Barnier - July 11, 2008 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. Report Link Employee Text Messages Are Not Inviolate: Understanding and Navigating the Ninth Circuit's Decision in Quon v. Arch Wireless Operating CompanyLittler Mendelson, P.C. - July 09, 2008 The headlines proclaiming the end of employer monitoring have vastly overstated the impact on the workplace of the Ninth Circuit's ruling in Quon v. Arch Wireless Operating Company. To be sure, the case holds that the Stored Communications Act prohibits third-party service providers, such as text message services and Internet service providers, from disclosing stored electronic communications without the consent of the employee who sends or receives the communication, even if the employee is using employer-provided equipment and the employer pays for the service. Nonetheless, and as explained more fully below, employers can easily and lawfully navigate this restriction. Report Link Employees Have Right to Privacy in Text Messages, Court of Appeals Rules.Jackson Lewis LLP - July 01, 2008 A police officer and the individuals with whom he communicated had a reasonable expectation of privacy in text messages sent from pagers provided by the employer, the U.S. Court of Appeals for the Ninth Circuit has ruled. Quon v. Arch Wireless Operating Co., Inc., No. 07-55282 (9th Cir. June 18, 2008). The employer, it said, violated the plaintiffs' rights under the Fourth Amendment of the U.S. Constitution and the California Constitution by reviewing text messages without the plaintiffs' consent. Accordingly, the court held that the plaintiffs prevailed as a matter of law and reversed the lower court's judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Report Link Review of Employee Text Messages Deemed Invasion of PrivacyBarker Olmsted & Barnier - June 24, 2008 Employers may violate constitutional privacy rights by reviewing employee text messages delivered on company-provided equipment, according to a Ninth Circuit Court of Appeals. Report Link Navigating the Personal Information Maze (pdf).Jackson Lewis LLP - June 23, 2008 It’s all in a day’s work: employers collect individuals’ most
sensitive and private personal information. From Social
Security numbers to fingerprints, health records to financial
data, this information enters the province of employers
for use in the normal course of business. Dramatic headlines
have spotlighted the vulnerability of this personal data
and the potential for liability if it is not secure. Inadvertent
data loss, security breaches, unauthorized disclosures, and
theft have led governments worldwide to enact laws and
regulations designed to balance legitimate business needs
for sensitive personal information with individual interests
in keeping it safe. Report Link International Personal Information Flow, Privacy, and Security.Jackson Lewis LLP - June 03, 2008 Employers must consider the requirements of international privacy laws when transferring employees’ personal information across national borders, even if within the same company. Dramatic and frequent headlines of inadvertent data loss, security breaches, unauthorized disclosures, and theft have put a spotlight on the vulnerability of data repositories. Predictably, governments worldwide have enacted laws and regulations designed to balance legitimate business needs for personal information with individual interests in keeping that information safe. Report Link International Business Travelers May Face Warrantless Laptop Searches by U.S. Border Agents.Jackson Lewis LLP - May 12, 2008 Federal border agents did not violate the U.S. Constitution’s Fourth Amendment prohibition against unreasonable searches in examining the contents of a traveler’s laptop without any basis for believing the device contains contraband, a federal appeals court in San Francisco has ruled. United States v. Arnold, No. 06-50581 (9th Cir. Apr. 21, 2008). The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Report Link Liability for Data Security Breaches Expanding (pdf).Vedder Price - May 02, 2007 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. Report Link Bills Banning "Pretexting" And Protecting Veteran Data Clear Congress.Jackson Lewis LLP - December 21, 2006 Two privacy and data security measures affecting employers received legislative approval as the 109 th Congress draws to a close. One measure would criminalize certain corporate investigative methods. The other measure would require data security provisions be included in contracts between the Veterans Administration and private sector service providers. Report Link Employer's Unauthorized Access To Employee's Website May Violate Federal Statute.Ballard Rosenberg Golper & Savitt - September 01, 2002 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." Report Link workplace privacy: four key principles to follow. Fredrikson & Byron, P.A. - January 01, 1997 Provides tips for employers to ensure that they do not violate employee privacy rights.
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ArticlesFound: 16 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Brings Many Important Changes to Workplace Laws – California Locations
Long Beach
February 9, 2010 Fisher & PhillipsSex Offenders, Terrorists and Video Resumes: How Far Can You Go to Get Information on Prospective and Current EmployeesPhiladelphia
February 9, 2010 LittlerSocial Media & HR (Delaware SHRM)Wilmington
February 9, 2010 Young ConawayCombatting Quickie ElectionsWebinar
February 9, 2010 Ford & HarrisonThe Davis-Bacon Act: Federal Construction Prevailing Wage RequirementsWebinar
February 10, 2010 ConstangyThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 10, 2010 LittlerHR AcademyAtlanta
February 10 & 11, 2010 Fisher & Phillips2nd Annual Employment & Labor LawWashington
February 11-12, 2010 Marcus Evans2010 Brings Many Important Changes to Workplace Laws – California LocationsLa Jolla
February 11, 2010 Fisher & PhillipsThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 11, 2010 Littler |
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