Have you hired a social media manager? A social media guru/w
izard/ninja/diva? Each of these
job "titles" are increasingly being used by companies to attract individuals who specialize in marketing a company’s brand and/or services in social media. A recent article in the Chicago Tribune and Los Angeles Times highlights just how prevalent these job titles
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.
Don’t Mess With Texas–Amended Law Imposes Breach Notification Obligations In All 50 States
In a novel approach to data breach notification requirements, Texas has amended its breach notification law (Business & Commerce Code, Section 521.053) to require notification to residents of not only Texas, but to residents of each of the 50 states. The amendment becomes effective September 1, 2012, and applies to “all persons who conduct business
Alleged HIPAA Violation Supports State Common Law Negligence Claim
A Missouri federal district court has ruled, in I.S. v. Washington University, that a HIPAA-covered entity’s disclosure of protected information can form the basis for a state-law negligence claim. The Court reached this holding despite the well-accepted principle there is no private cause of action under HIPAA.
The plaintiff, I.S., was undergoing medical treatment
Addressing Social Media Use–Recent Ruling on Students’ Social Networking Reaffirms Need for Policies and Training
The pervasiveness of social media in professional and everyday communication is a hot button issue (discussed at length here), particularly for private and public employers and organizations. In fact, many organizations have adopted, or are considering adopting, social media policies for employees and providing training for how employees should interact in cyberspace. But what
Ban On Employer Demands For Worker, Applicant Website Passwords–Maryland
The Maryland Senate recently referred Senate Bill 971 which prohibits Maryland employers from demanding that workers and job applicants turn over their passwords to specific websites or web-based accounts. 
Under the bill, employers would be prohibited from refusing to hire applicants and disciplining, terminating, or taking other adverse employment action against employees who refuse to provide
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
Maryland Restricts Employer Use of Credit History Information
On April 12, 2011, Maryland Governor Martin O’Malley signed into law S.B. 132/H.B. 87. Under this law, Maryland employers, except in limited circumstances, are prohibited from using an individual’s consumer credit history for hiring or other employment purposes. 
Beginning October 1, 2011, employers are prohibited from using credit report data to deny employment, discharge an
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