Services

Jackson Lewis LLP's HIPAA and Workplace Privacy Practice offers an inter-disciplinary group of lawyers that focuses on assisting companies in achieving a balance between an entity’s need to learn about, use or disclose personal information with an individual’s interest in keeping it private and secure. Achieving this balance is critical particularly for companies that desire to monitor employee activities and communications, and that routinely handle and maintain vast amounts of sensitive personal information, such as personnel files, client credit applications, benefit plan and other insurance information about individuals and their dependents, and so on. We also advise companies concerning data management issues relating to confidentiality, security, access and integrity of sensitive personal as well as confidential and proprietary company information. The increasing use of electronic communication, recordkeeping and surveillance tools has led to a rapid emergence of increased regulation and potential for exposure. We track these developments and counsel clients with regard to the complex national and international issues of workplace data privacy and security including:

  • Compliance with comprehensive data privacy and security programs, such as for compliance with state data security statutes in California, Connecticut, Maryland, Massachusetts, Nevada, New York, and Oregon
  • Compliance with cross border data transfer issues and compliance with international privacy standards
  • Handling personal information in the merger and acquisition process
  • Preparing for and responding to data breaches, and compliance with the notification requirements
  • HIPAA privacy and security regulation compliance, breach notification and complaint resolution
  • ADA, FMLA, GINA and NRLA privacy and security requirements
  • Prevention of cybersmearing and blogging
  • Use of private information in the hiring, on-boarding, disciplinary and termination process
  • Monitoring of employee communications and activities through electronic (e.g., GPS and RFID) and video monitoring
  • Develop workplace privacy policies and procedures
  • Employee access to information
  • Handling of employee social security numbers and credit information
  • Drug and alcohol testing information
  • Polygraph and lie detection

In each of the areas listed above, we work closely with clients to, among other things: 

  • Design comprehensive, written data privacy and security programs
  • Negotiate, review and draft data security agreements and business associate agreements
  • Train executives, management, Chief Information Officers, Chief Privacy Officers, employees and others on data privacy and security issues
  • Guide employers through disputes regarding the use or disclosure of private information
  • Coordinate the data breach response and notification process
  • Defend claims concerning privacy and data security in the workplace