As we reported, there are a number of signs pointing to a significant tightening of regulation and increased enforcement of data security mandates. Following efforts in New Jersey, New York and Oregon, Indiana Attorney General Greg Zoeller announced his office is seeking legislation that would better protect the online personal and financial information
Data Security in 2015 for Banks, HIPAA Covered Entities, and Small Businesses Too
Some have called 2014 the “Year of the Data Breach.” That may be true given the steady stream of large-scale data breaches affecting tens of millions of individuals. We do not know if this time next year commentators will be saying the same thing about 2015, but there are signs pointing to a
“Employees Must Be Permitted To Use Company Email for Statutorily Protected Communications” -NLRB
We reported earlier that the National Labor Relations Board had been considering changing its previous position that “employees have no statutory right to use the[ir] Employer’s e-mail system for Section 7 purposes.” The NLRB’s position in this regard was established in 2007, under the NLRB’s ruling in Register Guard. Today, in Purple Communications Inc.
Postal Workers Union Complains to NLRB About Post Office Data Breach
After being hit with a data breach, the last thing a company might want is the scrutiny of the union representing its employees affected by the incident. When the data breach potentially affecting hundreds of thousands of United States Postal Service employees was reported, it was not long after that the American Postal Workers
OCR Issues Ebola Guidance on HIPAA Privacy
According to the New York Times, Bellevue Hospital Center patient Craig Spencer, the first New Yorker to be infected with Ebola, is scheduled to be released today. And while the intense reporting about Ebola has subsided, perhaps indicating a lowering of the perceived threat of Ebola spreading further in the U.S. (although many continue
Negligence Claims for Breach of Patient Privacy Not Preempted by HIPAA, Connecticut Supreme Court Holds
Healthcare providers continue to have challenges with responding to attorney requests for information and subpoenas. We highlighted some of these last year, along with some issues providers should be considering to help meet those challenges. In this case, after the patient advised the provider not to disclose her PHI to her significant other, the
Liability for Providing Too Little Information?
Most employers are well aware that potential liability lurks if unauthorized information is disclosed to third parties. Obvious examples would include unauthorized employee or applicant health or financial information or personal information such as social security numbers and the like.
In an interesting twist, the Minnesota Supreme Court considered whether liability could be created when
California Minors Gain Privacy Rights in the Online World
Thanks to a new state law enacted to protect minors from the modern follies of youth, minors in California can ring in the New Year by permanently deleting their regrettable online posts. This so-called “Online Eraser Law” – signed by Governor Jerry Brown on September 23, 2013 – will take effect on January
Ebola Preparedness – Listen To A Discussion By Jackson Lewis Practice Group Leaders
Effective management of an Ebola infection in your business can be dramatically enhanced by some careful planning. If you are addressing safety and health issues, questions about whether an employee should come to work (or employees who don’t want to come to work because of a belief there is an infected employee there already), or
Computer Fraud and Abuse Act No Help to Employer Suing Employee Who Took Proprietary Business Info
An employer had no cause of action under the Computer Fraud and Abuse Act (“CFAA”) against an employee who accessed its computer systems to misappropriate confidential and proprietary business information to start a competing business, the U.S. District Court for the Southern District of Ohio has held. Cranel Inc. v. Pro Image Consultants Group, LLC,