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Workplace Privacy, Data Management & Security Report

Category Archives: Workplace Privacy

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Fulbright’s Litigation Survey Addresses Privacy in the Age of Social Media and Mobile Devices

Norton Rose Fulbright recently released the results of their 9th annual litigation trends survey.  The Fulbright survey reflects information collected from 392 in-house attorneys; including 82% identifying themselves as general counsel and 14% as head of litigation. Additionally, the companies responding to the survey represent virtually all industries, include entities of all sizes, and are almost evenly split… Continue Reading

Facebook Post Breaches Confidentiality Provision of Settlement Agreement

A Florida appellate court has ruled that a teenaged daughter’s post on Facebook mentioning her father’s confidential settlement of an age discrimination claim breached a confidentiality provision in the settlement agreement, barring the father from collecting an $80,000 settlement. Gulliver Schools, Inc. v. Snay, No. 3D13-1952 (Fla 3d DCA Feb. 26, 2014). The plaintiff, Patrick Snay,… Continue Reading

New HIPAA Guidance Concerning Mental Health Records

Healthcare providers and their business associates frequently face difficult questions relating to when they are able to share protected health information with the family members and friends of the patients they serve. These questions often require consideration of a number of different laws and rules, such as HIPAA, Federal alcohol and drug abuse confidentiality regulations, state mental… 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 Criminally Prosecuted For Taking Employer’s Documents

A New Jersey Appellate Court recently ruled that an employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing.  In State v. Saavedra, the employee had taken highly confidential original documents owned by her employer, contending that she did so to support her employment… 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

Nursing Facility Settles Alleged GINA Violations with EEOC for $370K

As one nursing facility in New York has learned, asking employees or applicants about their family medical history can violate the Genetic Information Nondiscrimination Act (“GINA”) and draw the ire of the U.S Equal Employment Opportunity Commission (EEOC). Founders Pavilion, Inc., a former Corning, N.Y. nursing and rehabilitation center, will pay $370,000 to settle discrimination… Continue Reading

Google Glass in the Workplace

WSJ reported on November 22, 2013, Google’s push to move Google Glass, a computerized device with an “optical head-mounted display,” into the mainstream by tapping the prescription eyewear market through VSP Global—a nationwide vision benefits provider and maker of frames and lenses. If the speed and immersion of technology over the past few years had… Continue Reading

Florida Considers Prohibition on Employers Requesting Access to Social Media Accounts

Written by Lillian Moon The Florida Senate is considering joining a multitude of states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, entitled “An Act Relating to Social Media Privacy,” would prohibit employers from requiring or requesting access to employee or applicant social… Continue Reading

The Bring Your Own Device (BYOD) Movement

Numerous companies are considering, or already transitioned to, a "bring your own device" (BYOD) model.  Under a BYOD program, employees are permitted to connect their own personal devices (iPhone, iPad, Blackberry, PDA, etc.) to the employer’s networks and systems to complete job duties either in the office or working remotely.  While a BYOD program has numerous benefits,… Continue Reading