Tag Archives: invasion of privacy

Monitoring and Accessing Social Networking Content–New Jersey District Court Weighs In Again

The District Court of New Jersey recently denied an employer’s motion to dismiss a former employee’s causes of action for invasion of privacy following a supervisor’s alleged unauthorized access to the employee’s Facebook account.  In Ehling v. Monmouth-Ocean Hospital Service Corp., the plaintiff, a registered nurse and paramedic, alleged that the defendants engaged in a pattern … Continue Reading

“Liking” A Facebook Page Is Not Protected By The First Amendment

A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection. Sheriff B.J. Roberts of the Hampton, Virginia … Continue Reading

Mere Placement of Surveillance Cameras in Restroom Sufficient for Iowa Invasion-of-Privacy Claim

An invasion-of-privacy claim against an insurance agent brought by his former employee should proceed even where a surveillance camera placed by the agent in the workplace’s unisex bathroom was faulty, the Iowa Supreme Court has ruled. Koeppel v. Speirs, No. 08-1927. The district court dismissed the invasion-of-privacy claim on summary judgment because there was no proof … 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

The White House’s Cybersecuirty Legislative Proposal

Today the White House issued a Cybersecurity Legislative Proposal. The proposed legislation focuses on protecting the American people, the nation’s critical infrastructure, and the federal government’s computers and networks.  While legislation of this nature would simplify the breach reporting process for businesses, and overall streamline cybersecurity laws, a number of legislative attempts to do this have previously failed.  … 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

Business Owner Enjoined from Accessing Co-Owner’s Email

A Minnesota Court of Appeals panel has affirmed the issuance of a temporary injunction against a co-owner of an LLC blocking him from accessing emails of his partner from the company’s server in the midst of their business dispute.  The unpublished decision, Gates v. Wheeler A09-2355 (Minn. App. November 23, 2010), raises some interesting issues regarding … Continue Reading
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