Top 13 data privacy and security issues for 2013
Continue Reading Top 13 for 2013 – Happy Privacy Day
Bans on Employers Requesting Social Media Passwords Continue as New Year Approaches
Michigan becomes fourth state to enact law banning employers from requiring access to employees’/applicants’ social media accounts
Continue Reading Bans on Employers Requesting Social Media Passwords Continue as New Year Approaches
“Friend” Request Lands Attorneys In Hot Water
Two New Jersey defense lawyers face attorney ethics charges in connection with the way they allegedly accessed Facebook. Regardless of how these charges are resolved, the facts in the case should serve as a reminder to attorneys to become more familiar with social media, and perhaps be more specific in the direction they give to
Monitoring and Accessing Social Networking Content–New Jersey District Court Weighs In Again
The District Court of New Jersey recently denied an employer’s motion to dismiss a former employee’s causes of action for invasion of privacy following a supervisor’s alleged unauthorized access to the employee’s Facebook account. 
In Ehling v. Monmouth-Ocean Hospital Service Corp., the plaintiff, a registered nurse and paramedic, alleged that the defendants engaged in a
Lawful Access and Improper Use of Computer Data Does Not Violate the CFAA
The Fourth Circuit recently held that the Consumer Fraud and Abuse Act’s (“CFAA”) prohibitions against unauthorized access or access in excess of authorization were not violated by an employee when the employee used his valid access to employer’s computer network to download confidential business information that he later used while working for a competitor.
Prior
OCR Issues Protocol For HIPAA Privacy, Security and Breach Notification Audit Program
As we previously discussed, the Office of Civil Rights (“OCR”) continues to push forward with the HIPAA audits required by the HITECH Act. To this end, the OCR recently posted the protocol which is used to conduct the HIPAA audits on its website.
The HITECH Act requires HHS to provide for periodic audits to
Third Social Media Report From NLRB Acting General Counsel
Today, the NLRB‘s Acting General Counsel posted a third report regarding social media issues which have been brought to the agency. The cases discussed in this report should provide further guidance to employers struggling with developing strategies for using social media in their business, developing employee policies regulating activity in social media, and enforcing those
“Liking” A Facebook Page Is Not Protected By The First Amendment
A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection.
Sheriff B.J. Roberts of the Hampton
Social Media For Universities and Colleges–Beyond Recruiting
In connection with its coverage of national signing day, ESPN.com recently highlighted that social media is increasingly being utilized by coaches to contact, recruit and gather information about players. For players, it’s a way to get recruited, control the message and interact with fans and other recruits at unprecedented levels. And, like in the workplace,
The Consumer Fraud and Abuse Act — Does It Apply To An Employee’s Personal Computer?
Many employers often question what recourse is available when faced with the destruction or alteration of company data by former employees. This question is made more complicated when employees use their own personal computer for work. In addressing this issue, the U.S. District Court for the Northern District of Illinois, Eastern division held that an employee’s