Archives: Online Privacy

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HIPAA Audits Maybe, But Audit Preparedness Definitely!

According to a Bloomberg article, the second phase of HIPAA audits by the Office for Civil Rights (OCR), originally set to commence in 2014, may be coming soon. This update came at a HIPAA conference co-hosted by OCR during which OCR Director Jocelyn Samuels said the agency was in the process of confirming contact information of … Continue Reading

States Continue to Protect the Personal Social Media Accounts of Employees, with Oregon Likely to Add an Interesting Twist

Over the past few years, states around the country have enacted laws limiting an employer’s ability to access the personal social media accounts of applicants and employees. Earlier this year, Montana’s Governor Steve Bullock signed HB 342 into law. Before that, Virginia enacted a similar measure. On May 19, Connecticut’s Governor added the Nutmeg state to … Continue Reading

Secretary in Germany Successfully Challenges Employer’s Monitoring…Is Your Monitoring Program Defensible?

According to a report by Deutsche Welle, the German Federal Labor Court held that employers may monitor employees only when they have concrete suspicions of wrongdoing that are based on fact. In the U.S., the standards for engaging in monitoring employees may not be quite that high, but employers should be thinking about whether a … Continue Reading

FTC Announces “Concrete Steps” for IoT Privacy and Security

As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy and security can be heard. On the heels of a recent victory in the ongoing LabMD case, the Federal Trade Commission (FTC) announced yesterday “concrete steps” businesses can take to enhance the privacy and … Continue Reading

FTC Enters Another Settlement Agreement Arising Out of Alleged Privacy Misrepresentations

The FTC recently settled a charge with True Ultimate Standards Everywhere, Inc. (“TRUSTe”) alleging that the internet privacy certification company deceived consumers about its recertification program, as well as misrepresented itself as a non-profit entity when, in fact, it had converted to a for-profit company. TRUSTe is a well-known internet privacy watchdog. Its seal is … Continue Reading

California Minors Gain Privacy Rights in the Online World

Thanks to a new state law enacted to protect minors from the modern follies of youth, minors in California can ring in the New Year by permanently deleting their regrettable online posts. This so-called “Online Eraser Law” – signed by Governor Jerry Brown on September 23, 2013 – will take effect on January 1, 2015. … Continue Reading

Tough Future for Shirking?

The October 25, 2014 issue of the Economist, a U.K. business news periodical, contains a tongue-in- cheek guide to “skiving,” which apparently is the British word for shirking on the job. The piece highlights the challenge and opportunity created by new technology for employees who want to pretend to work, rather than work. It notes: … Continue Reading

On the Heels of FTC, FCC Joins GPEN to Better Watch Data Abroad

Data is rarely still. It is captured, processed and moved around the world at speeds we wouldn’t have dreamed possible 20 years ago. Data often disrespects borders. By way of example, companies often mistakenly store personal data in the cloud to be accessed by multiple international locations, without considering the legal rights of the data … Continue Reading

Enterovirus D-68 and Ebola Cases Raise Privacy Concerns for Healthcare Providers and their Workers

On September 25, a four-year old boy from New Jersey died of Enterovirus D-68, reports myfoxphilly.com. Increasingly, there are reports about potential Ebola cases in the U.S. Naturally, the spread of infectious disease raises concern for everyone, particularly for healthcare workers who want to do their jobs, and also protect their families. There are already … Continue Reading

Big Data in the Workplace, EEOC Attorney Urges Caution

You may have been reading about how “Big Data” technologies are being used for a variety of purposes, such as making purchase suggestions based on prior buying patterns or staging law enforcement resources based on predictions for where and when crimes are likely to occur. But these technologies also are being used in the human resources context, … Continue Reading

A Broadened Crackdown on EU/U.S. Safe Harbor Violations

In the wake of the Edward Snowden’s intelligence leaks and increasing concerns about the use of personal information, the Center for Digital Democracy recently filed a Fair Trade Commission complaint alleging that 30 US Databrokers and data management firms had violated the European Union’s Privacy Directive Safe Harbor framework.  According to the CDD, the collection … Continue Reading

Companies Need to be Better Prepared to Respond to Problematic Social Media Activity, Including Facebook “Likes”

The National Labor Relations Board has found that another employer (a non-union employer) violated its employees’ protected concerted activity rights under the National Labor Relations Act (NLRA) when it disciplined and fired them for certain social media activity. Our Labor Group provides an extensive analysis of this decision in Triple Play Sports Bar and Grille, 361 NLRB No. 31 … Continue Reading

FTC Amends Guidance to Children’s Online Privacy Protection Act (COPPA) Rules, Clarifying “Verifiable Parental Consent” Requirements

In response to reported on-going confusion regarding how to satisfy the “verifiable parental consent” requirements in Children’s Online Privacy Protection Act (“COPPA”) 15 U.S.C. §6501 et. seq. (1998), and its implementing regulations, 12 CFR Part 312 (2000), the Federal Trade Commission (“FTC”) revised its guidance on enforcement of the same. According to the FTC, “The … Continue Reading
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