The Federal district court for the Southern District of New York has ruled that an employee can recover statutory damages under the Stored Communications Act for an employer’s improper access to the employee’s personal email account even in the absence of actual damages to the employee.
Continue Reading Access to Personal E-mails Enough for Statutory Damages under Federal Stored Communications Act . . . Even With No Actual Damages
Red Flag Program Clarification Act Signed Into Law
As we reported here, the Senate passed legislation to clarify the application of the "red flag" rules to "creditors." The law, the Red Flag Program Clarification Act of 2010, made its way through the House and, on December 18, 2010, was signed into law by President Barack Obama.
The Act makes clear that the red flag rules apply
A New NLRB May Mean New Concerns Regarding Social Media
The combination of “social media” and the “workplace” raises many traps for the unwary employer:
Can we use social media when hiring? Can employees be prohibited from using social media at work? Can we monitor employees use of social media? What are the essential elements of a social media policy?
As with many
California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches
CDPH’s data privacy enforcement activity continues, this time affecting 6 hospitals and a nursing home with total penalties approaching $800,000.
Continue Reading California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches
Protecting Confidential Business Information
We’ve written extensively here on the importance of safeguarding personal information. We’ve also made clear that the safeguarding of data should not stop with individually identifiable personal information. In fact, many times a company’s most sensitive information, data critical to the survival of its business, is its corporate trade secrets, proprietary information, and its clients’
Senate votes on Red Flag Program Clarification Act of 2010
As reported by the American Bar Association and PHIprivacy.net, lawyers, accountants, health care providers and others soon may get some clarity as to whether the "red flag" rules apply to them. The United States Senate voted unanimously to pass the Red Flag Program Clarification Act of 2010. Under the Act, according to statements from Sen.
California allows “driver cams” starting in 2011
In the name of vehicle safety, California Assembly Bill 1942 will permit among other things “driver cams” to be mounted on vehicle windshields beginning on January 1, 2011. Formally known as “video event recorders,” these devices can continuously record audio, video, and G-force levels in a digital loop in order to help identify bad driver
Connecticut Insurance Department Settles Health Net Data Breach
What had been the first use of the enforcement authority under the HIPAA privacy regulations granted to a State Attorney General, has ended in a settlement agreement between Connecticut’s Insurance Department and Health Net of Connecticut. Under the agreement, Health Net will pay $375,000 in penalties, and it agreed to provide credit monitoring protection for 2 years to all affected persons in Connecticut
Doctors’ Orders Through Your Cell Phone?
“Washington Post” Voxiva “mobile phone”
Continue Reading Doctors’ Orders Through Your Cell Phone?
What to do with old phones, particularly smartphones?
The folks at Identity Theft 911 remind us of the need to be "smart" about handling smartphones. In a recent post, the company warns that the wealth of data on these devices can substantially expose an individual if his or her device(s) are not purged upon disposal. The same is true, of course, for employers with respect to the phones and