Archives: Workplace Privacy

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4 Resources That Make GDPR Compliance Less Painful

The deadline to comply with the GDPR’s complex and far ranging requirements is rapidly approaching.  As your organization races to implement its compliance program before the May 25, 2018 effective date, questions and concerns are likely to arise.  While there is no shortage of online guidance on the GDPR, finding answers to your specific questions … Continue Reading

An Employee’s Right of Erasure Under the GDPR

The implementation of the European Union’s General Data Protection Regulation (GDPR), with an effective date of May 25, 2018, is just around the corner, and with it will come pressure on the human resources (HR) department to update its approach to handling employee data. The GDPR significantly enhances employee rights in respect to control over … Continue Reading

Is Employee Consent Under the GDPR Possible?

The European Union’s  General Data Protection Regulation (GDPR) is fast approaching and U.S. organizations that control or process personal data of EU residents are likely subject to these new data protection requirements.  Now is the time for U.S. employers to determine whether they are covered by the GDPR (see our blog post, Does the GDPR Apply to … Continue Reading

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 in Europe. Don’t … Continue Reading

Employers Can Be Vicariously Liable for Employee Data Breaches

The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113 (QB]). Similar results have been reached in the U.S., but this is the first time the UK Court has addressed the issue of whether … Continue Reading

U.S. Employers with EU Employees Gearing Up for GDPR

With the continuing parade of high profile data security breaches, the concern U.S. organizations have about the security of their systems and data has been steadily growing. And rightly so. Almost every organization processes (collects, uses, stores, or transmits) individually identifiable data. Much of this data is personal data, including employee data, which brings heightened … Continue Reading

Does the GDPR Apply to Your US-based Company?

If you’ve been following the headlines, you know that a day doesn’t pass without a reference to the “GDPR”. On May 25, 2018, the European Union (EU) General Data Protection Regulation (GDPR) will take effect, marking the most significant change to European data privacy and security in over 20 years. Most multinational companies, and of … Continue Reading

Supreme Court Will Not Hear Ninth Circuit Decision Regarding Willful Violations of FCRA’s Disclosure Provision

On November 13, 2017, the U.S. Supreme Court declined to hear the appeal of one of 2017’s more significant Fair Credit Reporting Act (FCRA) opinions, Syed v. M-I, LLC. (9th Cir. Jan. 20, 2017).  In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver violated the … Continue Reading

SCOTUS Will Not Review CFAA Password Sharing Case

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held in Nosal that David Nosal violated the CFAA by using his past assistant’s password to access his former employer’s … Continue Reading

New York AG Announces SHIELD Act

On November 2nd, New York Attorney General Eric T. Schneiderman announced his proposal of the SHIELD Act – Stop Hacks and Improve Electronic Data Security Act – a bill that would heighten data security requirements for companies and better protect New York residents from data breaches of their personal information. “It’s clear that New York’s … Continue Reading

The EU – US Privacy Shield Passed its First Annual Review

The European Commission recently issued an overall positive review in its first annual report on the E.U. – U.S. Privacy Shield (“Privacy Shield”),  after evaluating the Privacy Shield in its joint review with the US last month. The Privacy Shield took effect in August 2016 replacing the EU – US Safeharbor that was invalidated by … Continue Reading

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 Workplace … Continue Reading

Illinois Class Actions Spark New Attention For Biometric Data Applications

Capturing the time employees’ work can be a difficult business. In addition to the complexity involved with accurately tracking arrival times, lunch breaks, overtime, etc. across a range of federal and state laws (check out our Wage and Hour colleagues who keep up on all of these issues), many employers worry about “buddy punching” or … Continue Reading

Lyft Drivers Allege Uber Spied on them for Competitive Edge

Co-author: Devin Rauchwerger  A former Lyft driver filed a class action lawsuit in the Northern District of California against Uber, alleging Uber violated the Electronic Communications Privacy Act (“ECPA”), the California Invasion of Privacy Act (“CIPA”), and other common law invasions of privacy and unfair competition.  The plaintiff seeks to represent two classes: 1) all … Continue Reading

Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court

Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.”  The former employee has now asked that the U.S. Supreme review the Ninth Circuit’s decision. The … Continue Reading

Employer Denied Access to Employee GPS Data

A federal district court in Indiana recently denied an employer’s motion to compel discovery of employee GPS data in defense of an action brought under the Fair Labor Standards Act (FLSA).   Crabtree v. Angie’s List, Inc. Plaintiffs asserted claims for denial of overtime pay during a one-year period in which they worked as Senior Sales … Continue Reading

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 company … Continue Reading

IRS Issues Warning About W-2 Cyber-Scams, Especially for Schools, Nonprofits and Tribal Organizations

On February 2, 2017, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. The scam, which targets the corporate world during tax season, is currently “spreading to other sectors, including school districts, tribal organizations and nonprofits.” (irs.gov/news-events). This cyber-scam is simple, but highly successful. It consists of … Continue Reading

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 personal … Continue Reading

A New Kind of Employee Badge – Monitoring, Analytics and More

It is not uncommon for employers to assign badges to their employees to grant access to certain locations on the employer’s property and parking garages. Many employees have them, use them, lose them and think little of them. But, badges made by Humanyze are so much more, raising concerns from privacy advocates and others. According … Continue Reading

Data Analytics Enables Health Plans to Predict When Employees Need Health Services and For How Long

We know that data analytics is being used to influence a wide range of things such as the pair of shoes one might want to buy or what news is “trending” on Facebook. Similar tools are being applied to employer-sponsored group health plans. According to a recent HealthcareITnews article, vendors such as Advanced Plan for … Continue Reading

Claim For Violation of Wiretap Act Not A Slam Dunk under Spokeo

A motion to dismiss has been filed in a California case filed by a New York woman who claims that the National Basketball Association’s Golden State Warriors violated the Electronic Communications Privacy Act (the “Wiretap Act”), 18 U.S.C. § 2510, et seq., by distributing a mobile content app that invades users’ privacy by turning on … Continue Reading
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