Tag Archives: Workplace Privacy

Employee Criminally Prosecuted For Taking Employer’s Documents

A New Jersey Appellate Court recently ruled that an employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing.  In State v. Saavedra, the employee had taken highly confidential original documents owned by her employer, contending that she did so to support her employment … Continue Reading

Top 14 for 2014

In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.”  While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking.  As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with … Continue Reading

Proposed Bill Barring Credit Checks By Employers

Massachusetts Senator Elizabeth Warren recently introduced legislation which would ban employers from conducting credit checks of prospective employees during the hiring process.  Known as the Equal Employment for All Act, the measure would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit reports to make employment decisions.  Notably, the Act would permit exceptions … Continue Reading

New Jersey Settles Alleged COPPA Violation

In a recent consent order, the New Jersey Division of Consumer Affairs settled an investigation involving Dokogeo, Inc., a California based mobile application developer. Under the Children’s Online Privacy Protection Act (“COPPA”) websites and online services which collect information from children younger than 13 are subject to certain parental notice and consent requirements. In the Dokogeo … Continue Reading

Florida Considers Prohibition on Employers Requesting Access to Social Media Accounts

The Florida Senate is considering joining a multitude of states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, entitled “An Act Relating to Social Media Privacy,” would prohibit employers from requiring or requesting access to employee or applicant social media accounts and from … Continue Reading

The Bring Your Own Device (BYOD) Movement

Numerous companies are considering, or already transitioned to, a "bring your own device" (BYOD) model.  Under a BYOD program, employees are permitted to connect their own personal devices (iPhone, iPad, Blackberry, PDA, etc.) to the employer’s networks and systems to complete job duties either in the office or working remotely.  While a BYOD program has numerous benefits, … Continue Reading

Maryland Attorney General Gansler Forms Internet Privacy Unit

Linking his announcement to National Privacy Day, January 28, 2013, Maryland Attorney General Douglas F. Gansler informed the public that his office has formed an Internet Privacy Unit. (See similar step taken by Connecticut AG) The stated purpose of the Unit is to protect the privacy of online users. The Unit will be charged with "monitor[ing] … Continue Reading

A Summary of the Final HIPAA Rule

As we continue to examine the final HIPAA privacy and security regulations, as amended by the HITECH Act and the Genetic Information Nondiscrimination Act, we pulled together a summary of some of the key points. We fully expect additional sub-regulatory guidance to be provided by OCR, such as frequently asked questions and sample business associate agreement … Continue Reading

Privacy on the Go: California’s Recommendations for Mobile Device/App Privacy and Security

In 2012, California took significant steps to increase privacy protections for users of mobile applications (apps) which involved working with companies such as Amazon, Apple, Facebook, Google, Hewlett-Packard, and Microsoft. In July 2012, the Attorney General created the Privacy Enforcement and Protection Unit, with the mission of protecting the inalienable right to privacy conferred by the … Continue Reading

Start 2013 On The Right Foot – Assess Your Organization’s Information Risk

The $50,000 in penalties that the Office for Civil Rights (OCR) recently imposed on a health care provider in Idaho was due in part to allegations that the HIPAA covered entity had not conducted a risk assessment as required under the HIPAA privacy and security regulations. Of course, HIPAA is not the only law that requires a risk assessment. … Continue Reading

California Employees Get New Rights to Personnel Records Beginning in 2013

California Governor Jerry Brown has signed into law (AB 2674) new requirements specifying when and how employers must respond to their employees’ requests for inspection and copying of their personnel files. The new requirements become effective January 1, 2013. Click here for more information about the new law.… Continue Reading
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