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
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
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
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
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
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
Check out our labor colleagues’ recent post (see Labor & Collective Bargaining blog) concerning the permissibility of a policy to prohibit audio/video recording in the workplace under the National Labor Relations Act, and the decision in Whole Foods Market, Inc., Case No. 1-CA-96965 (10/30/13). Most of us do not go too far – whether at work… Continue Reading
Following up on my recent post on Google Glass and its impact on the workplace, I had the opportunity to speak with Colin O’Keefe of LXBN on the subject. In the brief video interview I explain the general workplace issues it presents and also touch on the potential data management concerns.
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
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
Jackson Lewis Special Report on Social Media in the Workplace.
Today’s Pew Research Center report that 72% of online adults use social networking sites, a significant increase since 2005, should spur more employers to address social media in the workplace.
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
Colorado joins eight other states in restricting employers’ use of credit information in making employment decisions
More states pass laws limiting access by employers to the social media accounts of applicants and employees
The Fourth District Court of Appeal for the State of California expanded the tort of "public disclosure of private facts" under that state’s common law right to privacy in a case involving a claim by an employee against her supervisor and employer. Ignat v. Yum! Brands, Inc. et al, No. G046434, (Cal. Ct. App. March… Continue Reading
Add New Mexico to the list of states with social medica privacy laws
New Utah prohibits employers from asking employees and applicants to disclose their usernames and passwords that allow access to their “personal Internet accounts,” although there are many exceptions.
President Obama issues executive order on cybersecurity
Linking his announcement to National Privacy Day, January 28, 2013, Maryland Attorney General Douglas F. Gansler informed the public that his office has formed an Internet Privacy Unit. (See similar step taken by Connecticut AG) The stated purpose of the Unit is to protect the privacy of online users. The Unit will be charged with "monitor[ing]… Continue Reading
As we continue to examine the final HIPAA privacy and security regulations, as amended by the HITECH Act and the Genetic Information Nondiscrimination Act, we pulled together a summary of some of the key points. We fully expect additional sub-regulatory guidance to be provided by OCR, such as frequently asked questions and sample business associate agreement… Continue Reading
Top 13 data privacy and security issues for 2013
In 2012, California took significant steps to increase privacy protections for users of mobile applications (apps) which involved working with companies such as Amazon, Apple, Facebook, Google, Hewlett-Packard, and Microsoft. In July 2012, the Attorney General created the Privacy Enforcement and Protection Unit, with the mission of protecting the inalienable right to privacy conferred by the… Continue Reading
The $50,000 in penalties that the Office for Civil Rights (OCR) recently imposed on a health care provider in Idaho was due in part to allegations that the HIPAA covered entity had not conducted a risk assessment as required under the HIPAA privacy and security regulations. Of course, HIPAA is not the only law that requires a risk assessment…. Continue Reading