Are emails saved in one’s Yahoo! account stored for backup protection under the Stored Communications Act?
Continue Reading South Carolina Supreme Court Addresses When Email is Backed-Up Under the Stored Communications Act
Illinois Becomes Second State to Prohibit Employers from Demanding Social Media Passwords
Illinois becomes second state to prohibit employers from demanding social media passwords from employees and applicants
Continue Reading Illinois Becomes Second State to Prohibit Employers from Demanding Social Media Passwords
Supreme Court Says Warrants Are Required For GPS Monitoring by Police
Supreme Court, GPS monitoring, Fourth Amendment and some thoughts for employers
Continue Reading Supreme Court Says Warrants Are Required For GPS Monitoring by Police
Social Media Guide for Hospitals
The ECRI Institute recently published an excellent summary of key issues for hospitals concerning social media (registration required), a valuable read for any hospital administrator, risk manager or human resources director. ECRI reports that approximately 4,000 U.S. hospitals own social media sites and that number is sure to grow significantly. One of the reasons for this growth will likely be due in significant
Access to Personal E-mails Enough for Statutory Damages under Federal Stored Communications Act . . . Even With No Actual Damages
The Federal district court for the Southern District of New York has ruled that an employee can recover statutory damages under the Stored Communications Act for an employer’s improper access to the employee’s personal email account even in the absence of actual damages to the employee.
Continue Reading Access to Personal E-mails Enough for Statutory Damages under Federal Stored Communications Act . . . Even With No Actual Damages
California allows “driver cams” starting in 2011
In the name of vehicle safety, California Assembly Bill 1942 will permit among other things “driver cams” to be mounted on vehicle windshields beginning on January 1, 2011. Formally known as “video event recorders,” these devices can continuously record audio, video, and G-force levels in a digital loop in order to help identify bad driver
Doctors’ Orders Through Your Cell Phone?
“Washington Post” Voxiva “mobile phone”
Continue Reading Doctors’ Orders Through Your Cell Phone?
Keylogging–Jurisdictions at Odds Over Privacy Concerns
Keystroke logging (or “keylogging”) is the noting (or logging) of the keys struck on a computer keyboard. Typically, this is done secretly, so the keyboard user is unaware his activities are being monitored.
Several cases throughout the country have examined an employer’s use of keylogging. Recently, the Criminal Court of the City of New York held
Supreme Court Hears Oral Arguments in Texting/Privacy Case — City of Ontario v. Quon
As highlighted by many news sources, including CNN.com and MSNBC.com, the United States Supreme Court listened to oral argument (pdf) today in the case of City of Ontario v. Quon today. This is the case involving a police officer who claimed his employer violated his privacy when it read the personal text messages (which happened
New Jersey Supreme Court Rules on Personal E-mail Privacy: Stengart v. Loving Care
Co-author: Joseph J. Lazzarotti
The New Jersey’s highest Court has concluded that an employee, Marina Stengart, could reasonably expect that e-mail communication with her lawyer through her personal, password-protected, web-based e-mail account would remain private, and that sending and receiving them using a company laptop did not eliminate the attorney-client privilege that protected them. The Court