Last week, Federal Communications Commission (FCC) Chairman Tom Wheeler circulated proposed declaratory rulings to provide clarity for consumers and businesses regarding the Telephone Consumer Protection Act (TCPA). The proposal addresses two dozen petitions that sought clarity on how the FCC enforced the TCPA. In addition to circulating his proposal to the other FCC commissioners for
employer
Supreme Court to Examine Standing Under FCRA
The U.S. Supreme Court recently decided to hear a case brought under the Fair Credit Reporting Act (“FCRA”) to determine whether individual consumers have standing to sue a consumer reporting agency for statutory violations of the FCRA when no “actual damages” were suffered by the consumer.
The FCRA, like other privacy laws, imposes monetary damages…
Montana to Join Growing List of States Limiting Access to Social Media?
Earlier this month, legislators in Montana gave final approval to H.B. 342 which would limit an employer’s ability to access the personal social media accounts of applicants and employees. The bill now goes to Governor Steve Bullock’s (D) office for consideration.
If signed, Montana would join become the most recent state to join the list…
Virginia Joins List of States Limiting Employer Access to Social Media Accounts
Recently, Virginia Gov. Terry McAuliffe (D) signed a bill that limits employer access to the personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015 prohibits employers in Virginia from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the…
The Data Security and Breach Notification Act of 2015
On March 25, 2015, the United States House of Representative, Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade approved draft legislation which would replace state data breach notification laws with a national standard. This draft legislation comes on the heels of the President’s call for a national data breach notification law. The proposed…
Top 15 for 2015 – Happy National Data Privacy Day
In honor of National Data Privacy Day, we provide the following “Top 15 for 2015.” While the list is by no means exhaustive, it does provide some hot topics for businesses to consider in 2015.
- Inside Threats for Healthcare Providers and Business Associates. While news reports of security risks often focus on hackings and breaches
…
EMPLOYERS BEWARE: MEDICAL IDENTITY THEFT ON THE RISE AND IS THE GOLDEN TARGET FOR HACKERS
As we’ve discussed previously, medical identity information is worth more than ten (10) times that of financial information on the black market. This gives hackers a financial incentive to obtain such information that is maintained not only by medical providers and pharmacies but also by employers who provide medical insurance coverage to their employees. Employers…
Delaware Joins List of States Regulating Data Disposal
On January 1, 2015, Delaware employers who dispose of records which contain the unencrypted personal identifying information of employees must take steps to ensure the privacy of such information. The bill, H.B. 294, was recently signed by Delaware’s Governor Jack Markell.
The new law defines personal identifying information as an employee’s first name…
Key Considerations When Monitoring Employees Using GPS Tracking Devices
With the proliferation of wage and hour litigation, especially in Florida which has the highest number of Fair Labor Standards Act (“FLSA”) cases filed annually nationwide, employers have sought for better ways to track employee work time in anticipation of defending against unpaid overtime claims. Additionally, employers have used monitoring devices in hopes of increasing…
Missouri Constitutional Amendment Protects Electronic Privacy
On August 5, 2014, Missouri voters approved Amendment 9 to the Missouri Constitution making Missouri the first state in the nation to offer explicit constitutional protection to electronic communications and data from unreasonable serches and seizures.
The official ballot title asked: “Shall the Missouri Constitution be amended so that the people shall be secure in…