Information Management

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One might think that bankruptcy is a private matter, with little to no bearing on whether one can meet the qualifications for a particular job. As my colleagues report today, the U.S. Court of Appeals for the Eleventh Circuit (with jurisdiction over Alabama, Florida and Georgia) joins its sister Circuits (the Third and Fifth Circuits) in…

Government report says HIPAA enforcement not sufficient to protect electronic health information and recommends more audits. The result may be more “compliance reviews,” audits, for covered entities and business associates.
Continue Reading HHS’ Office of Inspector General Recommends More HIPAA Audits

Promising a company that you will safeguard its employees’ information and then failing to do it according to Federal Trade Commission (FTC) standards likely will be viewed by the FTC as an unfair and deceptive business practice and trigger an enforcement action.

This was the case for Lookout Services, Inc., a company that maintains large amounts of…

A new law in New York (eff. April 1, 2011) and a flurry of bills across the country (New Jersey, Nevada, Florida, Connecticut and Oregon) are aimed at requiring businesses to deal with their electronic waste in one form or another. Before discarding that old laptop, businesses should make sure they do so securely and in accordance with applicable state law.
Continue Reading Wondering What To Do With Your “Electronic Waste”?

In an effort to go “green” or “paperless,” employers have been rapidly moving to electronic employment application and on-boarding systems. These systems can be significantly beneficial, but care should be taken when making the switch. This post provides some key questions/considerations for employers.
Continue Reading Jumping on the e-Application, Electronic On-Boarding Bandwagon?

What is a company’s recourse when a former employee deletes e-mails and other company electronic information before he leaves? A case from Indiana provides a lesson.

When Meridian Financial Advisors began serving as Receiver for bankrupted OCMC, Inc., it took possession of a number of OCMC computers, including one belonging to Joseph A. Pence, OCMC’s President…

As employees become more savvy with electronic communications and employers face increasing challenges with controlling vast amounts of data, the circumstances in this recent San Francisco Examiner story are likely being repeated all over the country – employee takes company information to support her wrongful termination case.
Continue Reading Employers Beware: Aggrieved Employee Commits Data Breach Affecting 2400 Individuals

As we reported here, the Senate passed legislation to clarify the application of the "red flag" rules to "creditors."  The law, the Red Flag Program Clarification Act of 2010, made its way through the House and, on December 18, 2010, was signed into law by President Barack Obama.

The Act makes clear that the red flag rules apply…

CDPH’s data privacy enforcement activity continues, this time affecting 6 hospitals and a nursing home with total penalties approaching $800,000.
Continue Reading California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches

We’ve written extensively here on the importance of safeguarding personal information. We’ve also made clear that the safeguarding of data should not stop with individually identifiable personal information. In fact, many times a company’s most sensitive information, data critical to the survival of its business, is its corporate trade secrets, proprietary information, and its clients’…