Skip to content

Menu

Jackson Lewis P.C.  logo
HomeAboutServicesContactSubscribe
Search
Close

Workplace Privacy, Data Management & Security Report

‘Tis The Season…For Data Breach

By Jason C. Gavejian on November 19, 2009
Posted in Monitoring, Workplace Privacy

As the holidays approach, more of us will be utilizing work time, and likely work resources, to handle our holiday shopping. Some of us may even post our shopping successes or gift ideas on Facebook or email coupons to friends. Doing so not only results in a loss of employee productivity, but also creates significant risk that personal data will be breached, or employers’ software or hardware compromised. 

A recent survey conducted on behalf of the Information Systems Audit and Control Association (“ISACA”) found that over half of employees surveyed planned to shop online from a work computer this holiday season, spending nearly two full working days (14.4 hours) doing so. With convenience and boredom listed as the biggest motivators, one in 10 planned to spend at least 30 hours shopping online at work. 

The survey also found that those who shop online are more likely to engage in other high-risk behaviors, such as banking online, clicking on links from social networking sites like Facebook, and clicking e-mail links redirecting them to shopping sites. Employees engage in these high-risk behaviors with nearly universal disregard for the safety of the employer’s IT infrastructure. This is highlighted  by the fact that one in 10 Americans who use a mobile work device, such as a Blackberry or iPhone, plan to use it for holiday shopping, notwithstanding the lack of security measures on those devices.

Robert Stroud, international VP of ISACA and VP of IT service management and governance for the service management business unit at CA Inc., in connection with the survey above was quoted as saying,

[I]t’s unrealistic to think that companies can completely stop the use of work computers for online shopping…[W]hat companies can and should do is educate employees about the risks…and remind them of their company’s security policy. This is especially important this year, when the convenience of shopping online may be very appealing to employees whose workloads have doubled or tripled because of downsizing.

The Wall Street Journal recently published an article highlighting employers’ efforts to monitor employees’ usage of company time and resources for personal e-mail exchanges, and suggesting a trend that courts seem to be more protective of employee privacy rights than in years past. The WSJ article raised a number of concerns for employers, including that of our own Jane McFetridge, a Jackson Lewis partner in our Chicago office – 

Employers are right to expect their employees when they are paid for their time at work are actually working.

What ever a company’s policies are concerning managing or monitoring employee communications, now is as good a time as any to revisit those policies and remind employees of their existence. With the use of technology increasing and the position of the courts appearing to shift toward employees, it is becoming more difficult for employers to manage the employee use of their electronic systems. Having and communicating a clear and comprehensive electronic communications policy is critical.

 

Steps an employer can take include having acceptable-use policies, reviewing those policies with employees to educate them about the risks, and familiarizing themselves with state laws governing the monitoring of employee computer usage.  

Tags: electronic communications policy, employee personal email, Facebook, Jackson Lewis, monitoring, Wall Street Journal, Workplace Privacy
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Workplace Privacy, Data Management & Security Report blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Jason represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. He negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Jason represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. He regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Jason’s practice also focuses on advising/counseling employers regarding daily workplace issues.

Jason’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Jason regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Jason is the co-leader of Jackson Lewis’ Hispanic Attorney resource group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm’s attorneys to assist in their training and development. He also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Jason served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.

Read more about Jason C. Gavejian
Show more Show less
Related Posts
covidpassport
Travel 2.0: Vaccine Passports and Visas—What’s Next on the Horizon
April 5, 2021
Virginia
Virginia Becomes 2nd State to Enact a Comprehensive Consumer Privacy Law
March 3, 2021
COVIDapp
New York and New Jersey Release COVID-19 Exposure Apps
October 11, 2020
Jackson Lewis JacksonLewis.com

Stay Connected

Subscribe to this blog via RSS Follow Us on Twitter Add us on Facebook View Our LinkedIn Profile

Topics

Archives

Editors

  • Jason C. Gavejian
  • Joseph J. Lazzarotti

Contributors

  • Christopher E. Hoyme
  • Damon W. Silver
  • Michael R. Bertoncini
  • Marlo Johnson Roebuck
  • Nathan W. Austin
  • Jeffrey M. Schlossberg

Blog Authors Show/Hide

  • Joseph J. Lazzarotti
  • Jason C. Gavejian
  • Maya Atrakchi
  • Jackson Lewis P.C.
  • Mary T. Costigan
  • Damon W. Silver
  • Jeffrey M. Schlossberg
  • Michael R. Bertoncini
  • Christopher E. Hoyme
  • Frank J. Fanshawe
  • Rachel E. Ehlers
  • Jody Kahn Mason
  • Delonie A. Plummer
  • Catherine R. Tucciarello
  • Jerel Pacis Agatep
  • Richard I. Greenberg
  • Michelle T. Hackim
  • Gregory C. Brown Jr.
  • Joshua D. Allen
  • Nathan W. Austin
  • Rob Yang
  • Ronald V. Sgambati
  • Daniel J. Moses
  • Marlo Johnson Roebuck
  • Amy L. Peck
  • Yvonne Arvanitis Fossati
  • Paul A. Friedman
  • Joseph J. Lynett
  • Jennifer Shoaf Richardson
  • Francis P. Alvarez
  • Ashley Solowan
  • Jackson Biesecker
  • Christopher T. Patrick
  • Erik J. Winton
  • Elizabeth S. Walsh
  • Valerie K. Jackson
  • David R. Golder
  • Cecilie E. Read
  • Craig W. Wiley
  • Clifford R. Atlas
  • Howard M. Bloom
  • Jason Selvey
  • Zachary A. Ahonen
  • Laura A. Mitchell
  • Sean Paisan
  • John A. Snyder
  • Stephanie L. Adler-Paindiris
  • Kathryn J. Russo
  • Melissa Pascualini
  • Michael D. Ridenour

Recent Upates

  • Jody Kahn Mason Authors “How Upcoming Biometric Ruling May Affect Ill. Employers”
  • Congress Releases Draft Federal Privacy Law with Potential Traction To Pass
  • CPPA Votes to Proceed with CPRA Rulemaking
  • California Privacy Protection Agency Board Takes Steps Toward First Official Rulemaking
  • North Carolina Prohibits Public Sector Entities from Paying Ransom in a Ransomware Cyberattack

Jackson Lewis

Subscribe to this blog via RSS Follow Us on Twitter Add us on Facebook View Our LinkedIn Profile
Privacy PolicyDisclaimer

About Jackson Lewis

Jackson Lewis P.C. is a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law. Named the “Innovative Law Firm of the Year” by the International Legal Technology Association, the firm’s commitment to client service and depth of expertise draws clients to Jackson Lewis for excellent value-driven legal advice.

Read More...
Copyright © 2022, Jackson Lewis P.C. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo