In a landmark decision, the U.S. Supreme Court has ruled that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030 et seq., does not prohibit improper use of computer information to which an individual has authorized access. Rather, the law prohibits obtaining information from areas of a computer, such as files, folders,
Workplace Investigations
Indiana Prohibits Employers from Mandating Device Implantations for Employees
On March 11th, Indiana Governor Eric Holcomb signed into law HB 1143, prohibiting employers from requiring a candidate for employment or an employee to have a device implanted or otherwise incorporated into their body, as a condition of employment. The Indiana law will take effect July 1, 2021.
The COVID-19 pandemic caused…
Out of Sight is Not Out of Mind – Monitoring Workers Working From Home
Just over a month ago, we provided a high-level checklist to help organizations think about critical issues as employees begin working from home to reduce the spread of COVID19. Consistent with “shelter-in-place”/”stay at home” orders, millions of workers that can are now working from home. However, out of sight is not out mind as many…
Survey Finds Healthcare Workers Understand Security Measures But Still Share Sensitive Information Through Non-Secure Email
According to reports on a recent survey, the vast majority of healthcare workers share sensitive medical information using non-secure email. The survey, conducted by Kickstand Communications, reportedly found that 87% of healthcare workers surveyed admitted to this practice. These results echo other reports finding that employees and others with access to an organization’s confidential information…
Top 10 for 2018 – Happy Data Privacy Day
This Sunday, January 28, is Data Privacy Day, which Congress recognized on Jan. 27, 2014, when it adopted S. Res. 337, supporting the designation. As noted by the National Cyber Security Alliance, Data Privacy Day began in the United States and Canada in January 2008, an extension of the Data Protection Day celebration…
VOTE 2017 – We’re back thanks to you!
We are proud to once again announce that the Workplace Privacy Report has been nominated for The Expert Institute’s Best Legal Blog Competition.
From a field of thousands of nominees, the Workplace Privacy Report has received enough nominations to join one of the largest competitions for legal blog writing online today. If you enjoy the…
Company Awarded Damages After Former Employee Hacks Its Systems and Hijacks Its Website
A company can recover damages from its former employee in connection with his hacking into its payroll system to inflate his pay, accessing its proprietary files without authorization and hijacking its website, a federal court ruled. Tyan, Inc. v. Yovan Garcia, Case No. CV 15-05443- MWF (JPRx) (C.D. Cali. May 2, 2017).
The Defendant…
Eleventh Circuit Upholds Company Claims Against Former Executive For Unlawful Access to Email
A terminated executive who accessed co-worker emails in the process of reporting possible company wrongdoing lost his appeal on several grounds. In Brown Jordan Intl, Inc. v. Carmicle, the Eleventh Circuit found that the employee violated both the Stored Communications Act (SCA) and the Computer Fraud and Abuse Act (CFAA).
Carmicle reported to the…
Expert Insights on Developing a Physical Security Program
In today’s digital age, security tends to be thought about in terms of firewalls, malware, encryption and other safeguards for electronic systems. But the security of those systems, as well as an organization’s facilities, people and other critical assets depends significantly on physical security as well. We are delighted to share below some thoughts from…
Top 10 for 2017 – Happy Data Privacy Day
In honor of Data Privacy Day, we provide the following “Top 10 for 2017.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017.
1. Phishing Attacks and Ransomware – Phishing, as the name implies, is the attempt, usually via email, to obtain sensitive or…