Setting up that new IoT device you received for Christmas? Maybe you’ve been derelict in feeding the dog and found a smart dog feeder under the tree, one that will alert you that Luna has been fed or that you have to refill the feeder. Smart gizmos are not just
Articles Discussing Privacy And Surveillance In The Workplace.
As Voice Recognition Technology Market Surges, Organizations Face Privacy and Cybersecurity Concerns
A new report released by Global Market Insights, Inc. last month estimates that the global market valuation for voice recognition technology will reach approximately $7 billion by 2026, in main part due to the surge of AI and machine learning across a wide array of devices including smartphones, healthcare apps,
House Passes Internet of Things Cybersecurity Improvement Act
The House of Representatives recently passed the Internet of Things (IoT) Cybersecurity Improvement Act of 2020 (the Act). The Act has been moved to the Senate for consideration. The legislation sets minimum security standards for all IoT devices purchased by government agencies.
IoT refers to the myriad of physical devices
Directly-Observed Urine Collections Do Not Constitute Invasion of Privacy Where Employees Consented to Drug Testing
The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Lunsford v. Sterilite of Ohio, LLC, slip op. No. 2020-Ohio-4193 (August 26, 2020).
Sterilite
Seventh Circuit Says Employers Can Be Sued in Federal Court for BIPA Violations
In what some are calling a “bombshell” decision, the 7th Circuit Court of Appeals recently held in Bryant v. Compass Group USA, Inc. that federal courts can now hear cases involving alleged violations of the Illinois Biometric Information Privacy Act
SCOTUS to Hear CFAA Case
It’s not often that a case in our practice area reaches the Supreme Court of the United States, so we are genuinely excited!
In Van Buren v. United States, No. 19-783, the U.S. Supreme Court will have a chance to resolve (finally) the circuit split regarding the scope of
Out of Sight is Not Out of Mind – Monitoring Workers Working From Home
Just over a month ago, we provided a high-level checklist to help organizations think about critical issues as employees begin working from home to reduce the spread of COVID19. Consistent with “shelter-in-place”/”stay at home” orders, millions of workers that can are now working from home. However, out of sight is
FBI Warns of Teleconferencing and Online Classroom Hijacking During COVID-19 Pandemic
As large numbers of people turn to video-teleconferencing (VTC) platforms to stay connected in the wake of the COVID-19 crisis, reports of VTC hijacking (also called “zoom-bombing”) are emerging nationwide. The FBI has received multiple reports of conferences being disrupted by pornographic and/or hate images and threatening language.
For example,
Personal Information, Private Information, Personally Identifiable Information…What’s the Difference?
When privacy geeks talk “privacy,” it is not uncommon for them to use certain terms interchangeably –personal data, personal information, personally identifiable information, private information, individually identifiable information, protected health information, or individually identifiable health information. They might even speak in acronyms – PI, PII, PHI, NPI, etc. Blurring those distinctions might be OK for casual conversation, but as organizations develop data privacy and security compliance programs, the meanings of these terms can have significant consequences. A good example exists within the California Consumer Privacy Act (“CCPA”) and its interaction with other laws.
Virtual Big Brother: Monitoring Employees
Data is everywhere. We’re being tracked in the car, in the grocery store, even when we’re walking the dog. As I write this, I’m being monitored as well, through employee monitoring administered by my firm’s I.T. department.
Secret Video Surveillance Found in Hospital Labor and Delivery Rooms
The New York Times newly established Privacy Project, recently highlighted the extent to which our society has created a “facial recognition machine” – cameras are everywhere, even in doorbells. Segments of society have accepted widespread surveillance on public streets, shopping malls, and in common areas of office buildings, apartment complexes, schools and similar places. But there are limits.
Third Circuit Rules in Favor of Employer Who Monitored Former Employees’ Social Media Accounts
On February 25, 2019, the Third Circuit held that a New Jersey engineering firm that monitored its former employees’ social media accounts was not barred from winning an injunction to prevent four former employees from soliciting firm clients and destroying company information.
Rapid Increase in Biometric Data in Airports Raises Privacy Concerns
In 2018, Delta paved the way in airport terminal development, by introducing the first biometric terminal at the Hartsfield-Jackson Atlanta International Airport where passengers can use facial recognition technology from curb to gate. Delta now offers members of its Sky Club airport lounges to enter using fingerprints rather than a membership card or boarding pass. Other airlines use biometric data to verify travelers during the boarding process with a photo-capture. The photograph is then matched through biometric facial recognition technology to photos that were previously taken of the passengers for their passports, visas, or other government documentation.
Fourth Quarter 2018 Workplace Privacy Update
2018 has so far been a year that will long live in the memory of workplace privacy lawyers. Over the past eight months, lawyers for multinational corporations have had to familiarize themselves with a range of new laws, including the European Union’s General Data Protection Regulation (GDPR); the GDPR-styled California Consumer Privacy Act; and new data breach notification laws in South Dakota and Alabama. As we enter the final few months of the year, additional privacy laws and developments sit on the horizon. This article focuses on three more developments that privacy lawyers and employment counsels should be aware of heading into the final months of 2018.
“This Call is Being Recorded”: Secret Workplace Recordings
Executive Summary: Increasingly, stories are appearing in the news about employees who have secretly recorded their colleagues and supervisors at work. It may come as a surprise that such recordings may be completely legal. The ease with which secret recordings can be made presents multiple considerations for employers.
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