Tag Archives: employee

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 … Continue Reading

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 their … Continue Reading

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 employee, … Continue Reading

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 … Continue Reading

“Tagged” Facebook Photos Admissible as Evidence

Trying to keep up with the fast-moving world of social media, the Kentucky Court of Appeals has ruled that “tagged” or captioned photographs posted on Facebook may be admitted as evidence. The ruling in the case has implications for employers.  In LaLonde v. LaLonde, the appellant-wife objected to the trial court’s admitting into evidence photographs taken … Continue Reading

Ex-Employee’s Blogs Can’t Be Stopped Absent Extraordinary Circumstances, New York Court Rules

A NY court refuses to order a former employee to stop blogging about his former employer because the court could find no extraordinary circumstance that would overcome constitutional protections, despite the individual's signing an agreement during his employment to maintain the confidentiality of confidential business information.… Continue Reading

HHS Settlement Follows Enforcement Fine

In a uniquely timed second showing of enforcement authority, the Department of Health and Human Services (HHS) announced on February 24, 2011 a one million dollar settlement with a Massachusetts hospital that allegedly breached patient data.  This settlement announcement comes only days after HHS announced a 4.3 million dollar HIPAA Privacy Rule fine.  The Massachusetts … Continue Reading

No Claim For Data Breach Damages Absent Financial Loss or Tangible Injury

In another favorable decision for companies, the Maine Supreme Court ruled on September 21, 2010 that consumers affected by a data breach could not claim damages from the company unless they suffered uncompensated financial losses or some other tangible injury.  The Maine Supreme Court addressed the following: In the absence of physical harm or economic loss … Continue Reading

Employees Claiming Emotional Distress Must Produce Social Network (Facebook and MySpace) Information In Discovery

All information from plaintiffs’ social networking profiles and postings that relate to their general emotions, feelings, and mental states must be produced in discovery when they allege severe emotional trauma and harassment against their employer, a federal court in Indiana has ruled. (EEOC v. Simply Storage Management LLC, S.D. Ind., No. 1:09-cv-1223, discovery order 5/11/10). … Continue Reading
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