Please Ignore the Intrusion, We Just Have a Few Questions to Ask: Supreme...
On January 19, 2011, the U.S. Supreme Court held that the federal government has broad latitude to conduct background checks on contractors who work at government facilities. Assuming, without...
View ArticleFriend Request Rejected: Maryland Bans Employers from Asking Employees for...
Maryland became the first state to pass legislation (House Bill 964 and Senate Bill 433) that prohibits employers from asking employees and job applicants for their social media passwords. The...
View ArticleGPS in the Workplace
Earlier this year in United States v. Jones, the United State Supreme Court addressed the privacy implications of Global Positioning Systems (“GPS”), holding that placing a GPS tracking device on a...
View ArticleOne year of Data Protection Enforcement in France: what the CNIL’s Activity...
The French Data Protection Authority (“CNIL”) has recently issued its activity report for 2011 (http://www.cnil.fr/fileadmin/documents/en/Cnil-RA2011-EN/index.html.) It provides us with some...
View ArticleNew California Law Protects Employee Use of Social Media
California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose...
View ArticleHIPAA Privacy In The Aftermath Of Sandy: Be Prepared For The Next Emergency
As health care providers, patients, family members, friends, and disaster relief agencies such as the American Red Cross continue to grapple with the aftermath of Hurricane Sandy it is important to be...
View ArticleKeep An Eye On Those Shiny, New Mobile Devices!
As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has...
View Article5 Best Practices for Employers Addressing Social Media Use in the Workplace
For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place. In 2012,...
View ArticleUtah’s New Internet Employment Privacy Law Continues a Growing Trend
Following a growing trend among states, on March 26, 2013, the Utah legislature passed the Internet Employment Privacy Act, which prohibits employers from requesting that job applicants or employees...
View ArticleNew Mexico Joins Other States in Prohibiting Employers from Requesting Access...
On April 5, 2013, New Mexico joined six other states (including, among others, Utah, Maryland and California) in passing a new law prohibiting employers from requesting or requiring that a prospective...
View ArticleProtecting Privacy or Enabling Fraud? Employee Social Media Password...
Jessica GoldenbergAs a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and...
View ArticleColorado and Washington Join Growing List of States Prohibiting Employer...
Kevin KhuranaColorado on May 12, 2013 and Washington on May 21, 2013 joined the likes of California, Maryland, Utah and New Mexico by prohibiting employers from requesting that prospective and current...
View ArticleRise of the Genome
David MunkittrickWe pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise....
View ArticleNY Court of Appeals Permits Warrantless GPS Tracking of Government Employees
Kevin KhuranaOn June 27, 2013, the NY Court of Appeals held that the state can use GPS tracking to monitor its employees during working hours without a warrant. Click here to read Proskauer’s...
View ArticleIn France, Are Employers Entitled to Access Their Employees’ Personal Emails?
Cecile MartinIn France, the guiding principle is that emails received or sent by an employee through the employer’s company email account are considered “professional”, which means that the employer...
View ArticleCNIL Cracks Down on Employee Video Monitoring and Password Strength
Cecile MartinIn a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees...
View ArticleConnecticut Joins States That Protect Personal Online Accounts of Employees
Laura E. Goldsmith Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related...
View ArticleDistrict Court Rules That Smartphone Passcodes Are Testimonial; Protected by...
Angel Diaz In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for...
View ArticleGerman DPAs Announce Policy Severely Limiting Mechanisms for Lawful...
Michelle Gyves Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe...
View ArticleFrench DPA Issues Robust Model Regulation for Biometric Access Controls in...
Laura E. Goldsmith and Mathilde Pepin In late March, the French Data Protection Authority, Commission Nationale de l’Informatique et des Libertés (“CNIL”) released a model regulation (the “Model...
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