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Workplace Privacy, Data Management & Security Report

Tag Archives: Facebook

Virginia Joins List of States Limiting Employer Access to Social Media Accounts

Recently, Virginia Gov. Terry McAuliffe (D) signed a bill that limits employer access to the personal social media accounts of employees and job applicants.  The law, which takes effect on July 1, 2015 prohibits employers in Virginia from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the individual’s social… Continue Reading

Ethics Case Alleging Improper Social Media Access May Proceed

As we previously reported, sending a “friend” request to access information on an individual’s Facebook page that is not publicly available may have serious ethical implications.  Specifically, the New Jersey Office of Attorney Ethics (OAE) alleges John Robertelli and Gabriel Adamo violated the Rules of Professional Conduct, including those governing communications with represented parties, when they caused a paralegal to… Continue Reading

Top 15 for 2015 – Happy National Data Privacy Day

In honor of National Data Privacy Day, we provide the following “Top 15 for 2015.”  While the list is by no means exhaustive, it does provide some hot topics for businesses to consider in 2015. Inside Threats for Healthcare Providers and Business Associates.  While news reports of security risks often focus on hackings and breaches… Continue Reading

Florida Social Media Bill Dies In Committee

As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee.  As such, Florida will not be joining the… Continue Reading

Facebook Posts Not Discoverable

The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account.  In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident where her… Continue Reading

No First Amendment Protection for Police Officer’s Facebook Rant, a Reminder of the Risks of Employee Activity in Social Media

If you are a public sector employer, you may be particularly interested in an article written by my fellow shareholder and practice group member, Marlo Johnson Roebuck. She writes about a recent case, Graziosi v. City of Greenville, involving a police department’s decision to terminate a police officer for statements she made on Facebook. As… 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

Social Media Guidance Issued For Financial Institutions

The Federal Financial Institutions Examination Counsel (FFIEC) recently issued supervisory guidance entitled “Social media:  Consumer Compliance Risk Management Guidance.”  Financial institutions are expected to use the Guidance in their efforts to ensure that their policies and procedures provide oversight and controls commensurate with the risks posed by their involvement in social media. The Guidance was… Continue Reading

Claims Against University for Accessing Facebook Account Allowed to Proceed

In a case reflecting the challenges faced by institutions of higher education in trying to prevent violence on campus, a judge in the U.S. District Court for the Eastern District of Pennsylvania declined to dismiss claims against Widener University by a former student under the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) for accessing the student’s Facebook account without permission…. Continue Reading

Deletion of Facebook Page = Spoliation

A New Jersey District Court has sanctioned a personal injury plaintiff for spoliation following the plaintiff’s deletion of his Facebook account which defendants were trying to access.   The defendant’s discovery requests asked for documents or records of “wall posts, comments, status updates or personal information posted or made by plaintiff on Facebook and/or any social… Continue Reading

“Friend” Request Lands Attorneys In Hot Water

Two New Jersey defense lawyers face attorney ethics charges in connection with the way they allegedly accessed Facebook. Regardless of how these charges are resolved, the facts in the case should serve as a reminder to attorneys to become more familiar with social media, and perhaps be more specific in the direction they give to… Continue Reading

Monitoring and Accessing Social Networking Content–New Jersey District Court Weighs In Again

The District Court of New Jersey recently denied an employer’s motion to dismiss a former employee’s causes of action for invasion of privacy following a supervisor’s alleged unauthorized access to the employee’s Facebook account.  In Ehling v. Monmouth-Ocean Hospital Service Corp., the plaintiff, a registered nurse and paramedic, alleged that the defendants engaged in a pattern… Continue Reading

“Liking” A Facebook Page Is Not Protected By The First Amendment

A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection. Sheriff B.J. Roberts of the Hampton, Virginia… Continue Reading

Can My Employer Require Me to Turn Over My Facebook Password?

UPDATE – Newly enacted Maryland law prohibits employers from demanding access to Facebook or other on line accounts of employees and applicants. In this space we have frequently discussed social media issues ranging from legal considerations in policy development, to employers’ legal and practical risks attendant to reviewing job applicants’ social media presence, to legislative reactions to… Continue Reading

Social Media Guide for Hospitals

The ECRI Institute recently published an excellent summary of key issues for hospitals concerning social media (registration required), a valuable read for any hospital administrator, risk manager or human resources director. ECRI reports that approximately 4,000 U.S. hospitals own social media sites and that number is sure to grow significantly. One of the reasons for this growth will likely be due in significant… Continue Reading