In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy policies to address the protection of personal information they maintain on
The Status of the EU-U.S. Privacy Shield
As we previously reported, the EU and U.S. reached agreement last week on the EU-U.S. Privacy Shield to replace the invalidated EU-U.S. Safe Harbor Program for transatlantic data transfers. While the announcement of the Privacy Shield is a relief to the thousands of companies who relied on the Safe Harbor Program, details remain unclear.
Top 10 for 2016 – Happy Data Privacy Day
In honor of Data Privacy Day, we provide the following “Top 10 for 2016.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016.
EU/U.S. Data Transfer (status of Safe Harbor). On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled
Attempt to Unmask Online Reviewer Denied
You’ve spent extensive time and effort, not to mention money, establishing your company’s reputation only to have the company defamed or disparaged anonymously online. This is a scenario which many organizations face in today’s virtual marketplace. As a recent decision by the Delaware Superior Court illustrates, dealing with these types of issues is often difficult
Prohibiting Recording Devices – The Dreaded “Maybe”
Can we prohibit employees from making audio recordings at work? As advancements in technology continue to increase, and it becomes easier and easier for employees to surreptitiously record conversations, this inquiry is posed by many employers. In fact, we discussed this very question back in 2013. Unfortunately, the answer to this question is perhaps the
The Growing List of States Protecting Social Media Privacy
As we have previously reported, a growing list of jurisdictions have enacted social media privacy laws applicable to employers. The most recent state to join the list is Maine, which brings the total to 22 states having enacted similar measures.
Under Maine’s law, an employer may not:
- Require or coerce an employee or
FCC Data Security Enforcement Continues
Demonstrating its continued commitment to data security enforcement, the Federal Communications Commission (FCC) recently announced Cox Communications Inc., the nation’s third largest cable operator, agreed to pay $595,000 to resolve an investigation into whether the company failed to properly protect its customers’ personal information. The agreement ends the first data security enforcement action brought by
A Sign of Things to Come for TCPA Defendants?
In a recent ruling, the Seventh Circuit abandoned its previous stance as to whether a complete offer of judgment prior to the filing of a class certification motion would moot a class action brought pursuant to the Telephone Consumer Protection Act (TCPA).
In 2009, the plaintiff, Arnold Chapman, brought a class action alleging First
Wisconsin – Criminal Penalties for Improper GPS Use
As of July 2, 2015, Wisconsin law makes it a Class A misdemeanor for any individual to place a GPS device on another individual’s vehicle without the consent of the vehicle’s owner. Based on comments from the bill’s sponsors, it appears as though the goal of the new law is to protect potential victims or
FCC Strengthens Consumer Protections Under TCPA
Yesterday, the Federal Communications Commission (FCC) adopted a package of declaratory ruling which is meant to provide clarity to the Telephone Consumer Protection Act (TCPA). This ruling was previously proposed by FCC Chairman Tom Wheeler on May 27, 2015.
According to the FCC, the declaratory ruling is meant to protect consumers against unwanted robocalls and