Keystroke logging (or “keylogging”) is the noting (or logging) of the keys struck on a computer keyboard. Typically, this is done secretly, so the keyboard user is unaware his activities are being monitored.
Several cases throughout the country have examined an employer’s use of keylogging. Recently, the Criminal Court of the City of New York held
As highlighted by many news sources, including CNN.com and MSNBC.com, the United States Supreme Court listened to oral argument (pdf) today in the case of City of Ontario v. Quon today. This is the case involving a police officer who claimed his employer violated his privacy when it read the personal text messages (which happened
Co-author: Joseph J. Lazzarotti
The New Jersey’s highest Court has concluded that an employee, Marina Stengart, could reasonably expect that e-mail communication with her lawyer through her personal, password-protected, web-based e-mail account would remain private, and that sending and receiving them using a company laptop did not eliminate the attorney-client privilege that protected them. The Court
Nearly 100 organizations have been notified by the Federal Trade Commission (“FTC”) that personal information, including sensitive employee and customer data, shared from the organizations’ computer networks is available on peer-to-peer (P2P) file-sharing networks. This, the FTC warned, could be used to commit identity theft or fraud. The notices went to both private and public entities, including
Employees’ increasing sensitivity to data privacy and security, and widely accepted public policy to protect personal data maintained by businesses, require employers to respond meaningfully to employee data privacy and security complaints or risk whistle blower claims of retaliation.
The U.S. District Court for the District of New Jersey recently held that an employee who voiced concerns regarding his employer’s handling of data security before he was fired may proceed to trial under the New Jersey Conscientious Employee Protection Act (“CEPA”) on the ground that he was engaged in protected whistle blowing activity under CEPA. This is one of the first decisions linking a NJ CEPA or similar claim and data security concerns, and is in line with increased efforts by both the federal and state governments to protect employee data.Continue Reading Employee Data Security Complaint Supports Whistleblower Retaliation Claim
As we have discussed before, data breach notification is one of the most rapidly emerging areas of law. Good security incident procedures as well as effective training can help avoid the risk of data breach. (Sample data breach training).
A case in point: Connecticut’s Attorney General has filed a civil action against Health Net
Less than one month into 2010 the trend to address data security, destruction, and encryption has
continued among state lawmakers. Specifically, Florida, Michigan, Kentucky, Kansas, Pennsylvania, and New York all have introduced, reintroduced, or amended legislation of this kind.
While 5 states remain without data breach notice bills (Alabama, Kentucky, Mississippi, New Mexico, and South Dakota), Congress is considering legislation, the Data Accountability and Trust Act (DATA) (H.R. 2221), that would preempt all state notification laws and instead establish a national breach notice standard.
As we have previously mentioned, we anticipate data privacy and security legislation and case law to be at the forefront of legal issues in 2010. Employers should begin by reading the Data Security Primer and consider implementing comprehensive data security policies and procedures that would allow them to comply with the various state laws that may impact their business. Continue Reading Data Security, Destruction and Encryption Leads the Way for States in 2010
According to the newly revised Federal Trade Commission (“FTC”) Guides, employers may face liability for employees’ commenting on their employer’s services or products on “new media,” such
as blogs or social networking sites, if the employment relationship is not disclosed. Potential liability may exist even if the comments were not sponsored or authorized by the
The U.S. Supreme Court’s recent grant of certiorari in City of Ontario, Ontario Police Department, and Lloyd Scharf v. Jeff Quon, et al. highlights the effects new technologies continue to have on workplace privacy issues. One issue the Court will consider is whether a California police department violated the privacy of one of its officers when it read the personal text messages on his department issued pager. The U.S. Court of Appeals for the Ninth Court sided with the police officer when it ruled that users of text messaging services “have a reasonable expectation of privacy” regarding messages stored on the service provider’s network.
The underlying suit was filed by police Sgt. Jeff Quon, his wife, his girlfriend, and another police sergeant after one of Quon’s superiors audited his messages and found that many of them were sexually explicit and personal in nature. Among the defendants were the City of Ontario, the Ontario Police Department, and Arch Wireless Operating. Co. Inc. Plaintiffs sought damages for alleged violation of their privacy rights.
While this case involves a public sector entity, its outcome is likely to affect electronic communications policies and practices across the country, whether by public or privacy employers. Continue Reading Texting & Sexting – Supreme Court to Consider Employees’ Expectation of Privacy in Text Messages
The New Jersey Appellate Division (Doe v. XYC Corporation) and the Court of Appeals of Wisconsin (Maypark v. Securitas Serv. USA Inc. & Sigler v. Kobinsky) have both examined an employer’s duty to monitor employees conduct while at work, and have reached drastically different results. Additionally, at least seven states—Arkansas, Illinois, Missouri