Tag Archives: minnesota

Liability for Providing Too Little Information?

Most employers are well aware that potential liability lurks if unauthorized information is disclosed to third parties. Obvious examples would include unauthorized employee or applicant health or financial information or personal information such as social security numbers and the like. In an interesting twist, the Minnesota Supreme Court considered whether liability could be created when … Continue Reading

Class Action Alleging Improper Viewing of Driver’s License Information Dismissed as to Minnesota State Officials

The Driver’s Privacy Protection Act ("DPPA"), 18 U.S.C. Section 2721, et seq, was enacted by Congress in 1994 after the highly-publicized murder of actress Rebecca Schaeffer by a stalker who obtained her unlisted address from the California Department of Motor Vehicles. ("DMV").  The Act restricts state DMVs from disclosing personal information contained in motor vehicle records except … Continue Reading

EEOC Files Suit Against Typewriter Company for Sexual Harassment Based on Use of Surveillance Cameras

The Washington, D.C. and Chicago offices of the U.S. Equal Opportunity Commission ("EEOC") filed a lawsuit against the Davis Typewriter Company on August 27, 2012 alleging that the company failed to take appropriate corrective action to prevent sexual harassment by a supervisor who used office surveillance cameras to zoom in on an employee’s breasts and other … Continue Reading

Are Lou Gehrig’s Medical Records Still Private?

Former New York Yankee Lou Gehrig died 71 years ago from amyotrophic lateral sclerosis or ALS, now known as Lou Gehrig’s disease. Now some legislators in Minnesota want to make his medical records, maintained at the Mayo Clinic, public. A story in the Star Tribune raises the question of how long a patient’s personal health … Continue Reading

Debt Collection Agency Sued by Minnesota Attorney General Over Privacy Breach and Other Concerns

Like any business that handles personal information, debt collection agencies have obligations to maintain reasonable safeguards to protect that information. Recent enforcement activity by the Minnesota Attorney General’s office makes this clear. The banks, health care providers and other businesses that utilize collection services are also driving compliance as they demand these companies have written information … Continue Reading

Decision on Genetic Information Privacy Issued by Minnesota Supreme Court

The Minnesota Supreme Court issued a decision on November 16, 2011 holding that the state’s Genetic Privacy Act, Minn. Stat. Section 13.386 (2010) restricts the collection and use of blood samples taken from newborns pursuant to the state’s Newborn Screening Statutes, Minn. Stat. Section 144.125-128.  The litigation, captioned Bearder et al v. State of Minnesota, … Continue Reading

Another Day, Another Stolen Laptop

The Minneapolis Star Tribune reports that a laptop computer containing private information on about 14,000 patients of Fairview Health Services and 2,800 patients of North Memorial Medical Center was stolen from a locked car in the parking lot of a Minneapolis restaurant in July of 2011.  The incident is just one more in a series … Continue Reading

U.S. Bank Hit with Class Action Suit Alleging Data Breach Cover-Up

Paintball Punks filed a class action suit against U.S. Bank  in Hennepin County, Minnesota. The case was subsequently removed on December 6, 2010, to the Minneapolis District Court. In the complaint, Paintball Punks alleges that between August and December 2009 it received 9 orders totaling approximately $11,000, which were fraudulently billed to U.S. Bank-issued cards. The amount was subsequently … 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

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

Public Employers Wrestle With Data Breaches

The State of Minnesota has been smacked with a number of privacy-related district court lawsuits recently. The most recent dispute arose after the state of Minnesota hired a Texas-based company, Lookout Services to perform E-Verify services for state employees as part of a U.S. Department of Homeland Security program to ensure that all employees of the state and its contractors … Continue Reading