Header graphic for print
Workplace Privacy, Data Management & Security Report

Category Archives: Information Management

Subscribe to Information Management RSS Feed

Report Says Russian Hackers Stole 1.2 Billion Usernames and Passwords, But Don’t Let “Breach Fatigue” Take Hold

In what is believed to be the largest security breach to date, the Associated Press reported that Russian hackers have stolen 1.2 billion user names and passwords. According to the AP, Milwaukee security firm, Hold Security, learned of the breach, but has yet to provide details about the series of website hackings believed to have affected… Continue Reading

Supreme Court Decision in Riley Affects Cellphone Searches in Civil Litigation, Employment Matters

When the United States Supreme Court handed down its decision Riley v. California, a Fourth Amendment criminal case, we suspected it would not be long before the rationale in that case concerning the privacy interests individuals have in cellphones would be more broadly applied. In late June, a federal district court in Connecticut denied a request  by two… Continue Reading

California Healthcare Provider Defeats Data Breach Class Action on Definition of Medical Information

Written by Ann Haley Fromholz In a victory for California healthcare providers, the California Court of Appeal recently held that a health care provider is not liable under California’s Confidentiality of Medical Information Act (CMIA) (Cal. Civ. Code, § 56 et seq.) when the health care provider releases an individual’s personal identifying information, but the… Continue Reading

FTC Objects to Sale of Company Assets Based on Potential Breach of Privacy Policy

Written by Christopher E. Hoyme Recently, the Federal Trade Commission (“FTC”) filed a limited objection in bankruptcy court to the proposed sale of assets of ConnectEdu, Inc. (“ConnectEdu”) on the grounds that the company’s privacy policy protecting customer personal information had potentially not been complied with. Specifically, ConnectEdu, an education technology company that provided interactive… Continue Reading

Volunteer State (Tennessee) Prohibits Employers From Asking Employees, Applicants to Volunteer Access to Social Media, Internet Accounts

Effective January 1, 2015, Tennessee employers, including government entities, will be prohibited from requesting or requiring access to the private social networking or online accounts of employees and job applicants under the Volunteer State’s ”Employee Online Privacy Act of 2014,” signed by Governor Bill Haslam. Our Tennessee colleagues outline the key provisions of the law, including some of… Continue Reading

Employers, the NLRB Wants Some Control Over Your Company Email

You’ve just finished your email, electronic communications, social media and/or BYOD policies for employees assuming, among other things, that you did not have to permit employees to use company-provided communication systems for nonwork-related purposes, such as to fulfill certain union-related purposes or other “protected concerted activities” under for Section 7 of the National Labor Relations… Continue Reading

Kentucky Enacts a Data Breach Notification Law and Protects Student Data in the Cloud

Kentucky Gov. Steve Beshear signed H.R. 232 on April 10, 2014, making the Commonwealth the 47th state to enact a data breach notification law. The law also limits how cloud service providers can use student data. A breach notification law in New Mexico may follow shortly. Data Breach Notification Mandate The Kentucky law follows the same general structure of… Continue Reading

California Attorney General Announces More Active Role in Dealing with Data Breaches, and Helpful Guide for Small Business

On Thursday, California Attorney General Kamala Harris announced heightened enforcement concerning data breaches, reports USAToday. AG Harris’ office also issued a Guide that provides recommendations to California businesses, particularly small businesses, to help them protect against and respond to the increasing threat of malware, data breaches and other cyber risks. The circumstances are certainly threatening for small business. According to… Continue Reading

“Blackphone” to address key smartphone privacy and security concerns?

Smartphone privacy and security concerns continue to weigh on businesses, particularly for companies in certain industries such as healthcare, and for those that have or are thinking of moving to a “bring your own device” (BYOD) model. Promoters of the “Blackphone,” according to a Reuters report, hope that their version of Google’s Android software will enable… Continue Reading

U.S. Attorney General Eric Holder Urges the Passage of a National Data Breach Notification Law

After years of identity theft holding the top spot for crimes reported to the Federal Trade Commission, and following recent reports of massive data breaches, U.S. Attorney General Eric Holder urged Congress today to enact a national law setting a uniform standard for notifying individuals regarding breaches involving their personal information, according to a report by… Continue Reading

What Employers Need to Know About Bitcoin

Written by B. Tyler Philippi Ask the average person what they know about Bitcoin and they might be able to tell you that it is a digital currency. Most have probably heard the name mentioned in articles about its giant fluctuations in value or in connection with black market internet transactions. Beyond that, how Bitcoin… Continue Reading

Increased Use of Medical Devices by Healthcare Providers Results in More Cyberattacks and Data Breaches

A study (registration required) by two data security firms, Norse in Silicon Valley and SANS, discussed in a recent L.A. Times article, confirms the concerns raised by the FDA and others about increased use of internet-connected medical devices by healthcare providers and the corresponding increase in the information systems of those providers being attacked, and in some… Continue Reading

Court Denies Access To Employee Social Media Accounts

Written by Ian A. Wright If the intersection of social networking and workplace privacy laws piques your attention, you may find an article written by my colleague Michael Frankel particularly interesting. He writes about a recent case, Pecile v. Titan Capital Group, LLC out of New York, where the court refused to grant the defendants’ request… Continue Reading

Employee’s Unauthorized Texting of Confidential Health Information May Impose Employer Liability

Written by Jeffrey M. Schlossberg When does a medical clinic’s employee’s unauthorized texting of patient confidential health information result in liability to the clinic? The answer; it depends. In Doe v. Guthrie Clinic, Ltd., the Second Circuit Court of Appeals dismissed a patient’s claim against a medical corporation for alleged breach of fiduciary duty based… Continue Reading

Top 14 for 2014

In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.”  While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking.  As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with… Continue Reading

Dealing with Personal Information at the Water’s Edge…

Privacy and data security issues and concerns do not stop at the water’s edge. Companies needing to share personal information, even when the sharing will take place inside the same “company,” frequently run into challenges when that sharing takes place across national borders. In some ways, the obstacles created by the matrix of federal and… Continue Reading

Fordham Law School Study of Public Schools Finds Widespread Use of Cloud Services, Student Data at Risk

On December 13, 2013, Fordham Law School’s Center on Law and Information Policy published a study (Study) that paints a sobering picture of how many public schools across the country handle student data, particularly with respect to data they store and services they (and students) use in the “cloud.” There is little doubt that many school districts… Continue Reading