On March 22, 2016, the Equal Employment Opportunity Commission (“EEOC”) filed suit in the United States District Court for the Western District of Missouri against Grisham Farm Products, Inc. alleging that its employment application violated the Americans With Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act (“GINA”). Equal Employment Opportunity Commission v. Grisham Farm
Should We Train Our Employees About Good Data Privacy and Security Practices?
Yes! It is the law in more places and circumstances than you suspect.
- Check out our report to learn more, including suggestions for setting up a training program.
Late last year, The Wall Street Journal reported on a survey by the Association of Corporate Counsel (“ACC”) that found “employee error” is the most common reason
The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies
In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy policies to address the protection of personal information they maintain on
European Commission Unveils EU-U.S. Privacy Shield (Update)
Earlier today, the European Commission (the Commission) issued a draft “adequacy decision” as well as the texts that will constitute the EU-U.S. Privacy Shield (the Privacy Shield). This includes the Privacy Shield Principles companies have to abide by, as well as written commitments by the U.S. Government on the enforcement of the arrangement,
Employers Have An Obligation To Provide Meaningful Direction To Employees In Email Searches, But Employers Can’t Be Compelled To Recover Company Emails Stored On Personal Accounts Of Employees
A recent case from the Northern District of California raises the importance of actively engaging with employees to coordinate the search for documents and electronically-stored information to comply with the employer’s discovery obligations. At the same time, the Court ruled that an employer cannot be compelled to produce business-related emails from the personal email accounts
The Status of the EU-U.S. Privacy Shield
As we previously reported, the EU and U.S. reached agreement last week on the EU-U.S. Privacy Shield to replace the invalidated EU-U.S. Safe Harbor Program for transatlantic data transfers. While the announcement of the Privacy Shield is a relief to the thousands of companies who relied on the Safe Harbor Program, details remain unclear.
President Seeks $19 Billion and Creates a Commission to Address Cybersecurity
President Barack Obama requested $19 billion in his budget for 2017 to address cybersecurity in the United States, $5 billion more than was budgeted for the current year. Today, he issued an Executive Order that will create a commission within the Department of Commerce to be known as the “Commission on Enhancing National Cybersecurity.”
So,
Top 10 for 2016 – Happy Data Privacy Day
In honor of Data Privacy Day, we provide the following “Top 10 for 2016.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016.
EU/U.S. Data Transfer (status of Safe Harbor). On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled
FTC’s Big Data Report Has Suggestions for the Workplace
Earlier this month, the Federal Trade Commission (“FTC”) issued a report discussing “big data.” The report compiles the agency’s learning from recent seminars and research, including a public workshop held on September 15, 2014. Known best for its role as the federal government’s consumer protection watchdog, the FTC highlights in the report a number
Prohibiting Recording Devices – The Dreaded “Maybe”
Can we prohibit employees from making audio recordings at work? As advancements in technology continue to increase, and it becomes easier and easier for employees to surreptitiously record conversations, this inquiry is posed by many employers. In fact, we discussed this very question back in 2013. Unfortunately, the answer to this question is perhaps the