I recently had the pleasure of speaking to a great group at the Connecticut Assisted Living Association (CALA) about HIPAA and a range of related practical issues. Many covered entities and business associates, particularly those that are small businesses, continue to work on understanding the privacy and security standards, and how to best apply them
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
Key Considerations When Monitoring Employees Using GPS Tracking Devices
With the proliferation of wage and hour litigation, especially in Florida which has the highest number of Fair Labor Standards Act (“FLSA”) cases filed annually nationwide, employers have sought for better ways to track employee work time in anticipation of defending against unpaid overtime claims. Additionally, employers have used monitoring devices in hopes of increasing
Missouri Constitutional Amendment Protects Electronic Privacy
On August 5, 2014, Missouri voters approved Amendment 9 to the Missouri Constitution making Missouri the first state in the nation to offer explicit constitutional protection to electronic communications and data from unreasonable serches and seizures.
The official ballot title asked: “Shall the Missouri Constitution be amended so that the people shall be secure in
Supreme Court Decision in Riley Affects Cellphone Searches in Civil Litigation, Employment Matters
When the United States Supreme Court handed down its decision Riley v. California, a Fourth Amendment criminal case, we suspected it would not be long before the rationale in that case concerning the privacy interests individuals have in cellphones would be more broadly applied. In late June, a federal district court in Connecticut denied
USA Soccer Team Players Monitored by GPS to Reduce Injury and Improve Productivity…a Tool for the Workplace?
As I write this post, the U.S. v. Belgium match is underway – a win is needed by the United States to advance to the quarterfinals of the 2014 World Cup. Most watching the game may not realize that GPS technology will be monitoring just about every movement taken by U.S. players on the field
Strengthened Florida Data Breach Notification Law Signed by Governor Scott
As we reported earlier, Florida lawmakers passed extensive revisions to its existing data breach notification law, SB 1524. On June 20, 2014, Florida’s Governor Rick Scott signed the bill into law, which becomes effective on July 1, 2014.
Our earlier post provides more of a discussion about key provisions of the law. But
Restaurant Stakeout: A Sign of the Times for Workplace Monitoring?
The last couple of times I passed by the TV to see what the kids were watching, I was surprised not to see Spongebob Squarepants or the Yankee game (Michael and Grace have their separate interests, but they usually can agree on something, at least in the short term). Anyway, they happened to be intently
The K5 Autonomous Data Machine Might Soon Be Securing and Monitoring Your Business
Developed by Knightscope, the K5 Autonomous Data Machine is a 5 foot tall, 300 pound robotic device designed to be “a safety and security tool for corporations, as well as for schools and neighborhoods,” as reported by the New York Times. While K5 may not yet be ready for prime time, its developers
Oklahoma Joins Growing Number of States Limiting Employer Access To Personal Social Media Accounts
Add Oklahoma to the list of states prohibiting employers from requesting or demanding access to the personal social media accounts of employees or applicants. Signed into law by Gov. Mary Fallin, H.B. 2372 becomes effective November 1, 2014.
In addition to being prohibited from requesting or demanding usernames or passwords from employees or applicants to