The ECRI Institute recently published an excellent summary of key issues for hospitals concerning social media (registration required), a valuable read for any hospital administrator, risk manager or human resources director. ECRI reports that approximately 4,000 U.S. hospitals own social media sites and that number is sure to grow significantly. One of the reasons for this growth will likely be due in significant
Mere Placement of Surveillance Cameras in Restroom Sufficient for Iowa Invasion-of-Privacy Claim
An invasion-of-privacy claim against an insurance agent brought by his former employee should proceed even where a surveillance camera placed by the agent in the workplace’s unisex bathroom was faulty, the Iowa Supreme Court has ruled. Koeppel v. Speirs, No. 08-1927.
The district court dismissed the invasion-of-privacy claim on summary judgment because there was no
Keyloggers Beware–Companies Risk Being Sued By Employees
A U.S. District Court in Indiana has ruled that a company’s use of keylogger software to access an employee’s personal e-mail account may have violated the Stored Communications Act (“SCA”).
Keylogging or keystroke logging is the tracking of the keys struck on a keyboard, typically in a covert manner. 
In Rene v. G.F. Fishers, Inc.
Connecticut Becomes Sixth State to Prohibit Use of Credit Report Information in Making Employment Decisions
Connecticut joins five other states (Hawaii, Illinois, Oregon, Washington, and Maryland) in limiting what credit report information employers may use in making hiring or employment decisions.
Continue Reading Connecticut Becomes Sixth State to Prohibit Use of Credit Report Information in Making Employment Decisions
Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
Florida has joined 20 other states have enacted legislation addressing teen sexting. Because employees frequently transmit these materials using their employer’s networks, retail, entertainment, hospitality and other industries that traditionally employ large numbers of younger workers may soon get dragged into criminal proceedings because of “sexting” by their younger workers.
Continue Reading Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
On-site health clinics, occupational health clinics, and in-house physicians can be attractive options for businesses that take a comprehensive approach to disability and leave management. However, as one federal district court makes clear, employers need to be mindful of the workplace law risks. This case involves one of those risks – the ADA and its confidentiality requirements.
Continue Reading In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
Employers May Consider Applicant’s Bankruptcy When Making Hiring Decision, Eleventh Circuit Rules
One might think that bankruptcy is a private matter, with little to no bearing on whether one can meet the qualifications for a particular job. As my colleagues report today, the U.S. Court of Appeals for the Eleventh Circuit (with jurisdiction over Alabama, Florida and Georgia) joins its sister Circuits (the Third and Fifth Circuits) in
The White House’s Cybersecuirty Legislative Proposal
Today the White House issued a Cybersecurity Legislative Proposal. The proposed legislation focuses on protecting the American people, the nation’s critical infrastructure, and the federal government’s computers and networks. While legislation of this nature would simplify the breach reporting process for businesses, and overall streamline cybersecurity laws, a number of legislative attempts to do this have previously
California and Massachusetts Legislatures Push Data Breach and Security Bills
In distinct efforts to strengthen data security requirements, the California and Massachusetts legislatures recently passed bills affecting data breach notification requirements and data security notification, respectively.
On April 14, 2011, the California senate approved S.B. 24, requiring California businesses and agencies to notify the state attorney general if more than 500 California residents
The Commercial Privacy Bill of Rights Act
Two Senators who clearly did not let the potential government work stoppage affect them, formally introduced the Commercial Privacy Bill of Rights Act of 2011 on April 12. In a bipartisan effort, Senators John Kerry (D-Mass.) and John McCain (R-Arizona) introduced the legislation which sets forth privacy rules governing businesses that collect, use, or share