Whether it be Facebook, MySpace, LinkedIn, Twitter, YouTube or the company blog, employee presence in social media is way, way up, creating risks for employers that are proving difficult to manage without careful planning and appropriate policies.
These risks can take many forms – FTC endorsement issues, inadvertent sharing of confidential company or personal
On February 22, 2010, the Office of Civil Rights (OCR) posted on its website its first list of covered entities that have reported breaches of unsecured protected health information affecting more than 500 individuals. OCR acknowledged the HITECH Act requires HHS to make this information public by posting it on an HHS website.
The breach notification rule became effective on
Based partially upon an interpretation of Florida law, in Global Policy Partners, LLC, et al. v. Yessin, 2009 U.S. Dist. LEXIS 112472 (Nov. 24, 2009), a Virginia district court has ruled that an LLC’s partner does not always have the authority to access a partner’s e-mails simply by virtue of his status in the
It’s been around for a while, but could new products in the “cyber-insurance” market help companies focus on this emerging threat known as “information risk”?
The National Journal reports that for many companies online security is not a priority. Tom Risen’s article cites to a Verizon study conducted between 2004 and 2008 (pdf) that determined
A recent case emphasizes that employers must ensure they do not make improper medical inquiries related to pre-employment drug test results at the pre-offer stage. John Harrison v. Benchmark Electronics, Inc., No. 08-16656, 2010 App. LEXIS 632 (11th Cir. Jan. 11, 2010). Some valuable lessons for employers are discussed below.
The Eleventh Circuit Court of Appeals permitted an applicant who was not hired after testing positive for drugs used to control his epilepsy to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied employment on that basis.Continue Reading ADA Confidentiality: Drug Test Results May Not Be Used Against Applicant at Pre-Offer Stage
Effectively managing company data means more than HIPAA compliance and avoiding data breaches. As two of my colleagues Brett Anders and Cliff Atlas would tell us, failing to preserve electronic evidence can jeopardize a company’s litigation strategy. Their recent article discusses a new decision that illustrates the kind of sanctions litigants could suffer even where
While most are not taking the day off, January 28 is recognized internationally as Data Privacy Day – a day for people to become more aware of and promote data privacy related issues.
Many organizations support these initiatives and some have created and contributed to a website to promote this day and data privacy and security
We all are deeply saddened by the tragic situation in Haiti. Many are motivated to help in any way they can, which usually means donating to charities that are able to more effectively bring relief to the suffering. At the same time, many see this as an opportunity to commit identity theft.
Last month, we briefly discussed "cloud computing," along with some issues that should be considered when deciding whether to adopt this new technology. Our post focused on data privacy and security issues.
As reported by Kim Hart, of The Hill’s Technology Blog, a December 9, 2009, Federal Communications Commission filing states that the Federal Trade Commission
Like individuals, businesses have resolutions/goals for 2010, perhaps even this new decade. As information risk, such as HIPAA or the occurrence of a data breach, continues threaten companies and put individuals’ personal identities, finances and medical information in jeopardy, addressing this issue in the coming years is a worthy resolution for any business. With this