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Category Archives: Employee Privacy

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Wearable Devices in the Workplace Challenge Data Security and Privacy

Posted in Cybersecurity, Data Compliance & Security, Employee Privacy

  Wearable devices, including health and activity monitors, video and audio recorders, location trackers, and other interconnected devices in the form of watches, wristbands, glasses, rings, bracelets, belts, gloves, earrings and shoes are being heavily promoted in the next wave of consumer electronics. It is estimated that 90 million wearable data devices (“WDD”) will be… Continue Reading

Privacy Monday – March 31, 2014 OPENING DAY!

Posted in Cybersecurity, Data Breach, Data Breach Notification, Employee Privacy, Uncategorized

Last Monday in March (Opening Day for you baseball fans) - some privacy/security bits and bytes to close out the month. Microsoft:  “We won’t access private e-mail accounts …  Promise.” Microsoft has committed to no longer accessing the private e-mail accounts of its users after criticism that the company looked at the e-mail of a former employee… Continue Reading

Law360: Microsoft Steps in Privacy Quagmire with Email Snooping

Posted in Employee Privacy

Mintz Levin employment lawyer Don Schroeder was recently quoted in this Law360 Article entitled Microsoft Steps in Privacy Quagmire With Email Snooping. The article focuses on the controversial choice by Microsoft Corp. to search a blogger’s e-mail account for evidence of leaked trade secrets by its former employee.  The article also explores whether or not… Continue Reading

Data: Big, Borderless and Beyond Control? Five Things You Can Do

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Employee Privacy, Security

Written by Amy Malone There’s been a lot of talk about big data over the last few years and the breaches at Target and Neiman Marcus have many companies running in circles trying to figure out how to protect their systems and their data.  So what are some of the big issues in our current… Continue Reading

On the 10th Day of Privacy, my employer gave to me …..

Posted in Employee Privacy, Privacy Litigation, Social Media

And, no — it was not a big fat bonus.    On this 10th Day of Privacy, we  look ahead at employment related privacy issues …. Written by Michael Arnold As use of social media and other technologies continue to raise serious employment-related privacy issues in the workplace, expect to see a flurry of activity… Continue Reading

On the 9th Day of Privacy, the European Union Gave to Me . . .

Posted in Data Breach Notification, Data Compliance & Security, Employee Privacy, European Union, Legislation, Privacy Regulation

. . .  a delayed delivery notice for the biggest package of the holiday season! Written by Susan Foster, Solicitor, England & Wales/Admitted in California, CIPP-E (LONDON) Major changes are on the way in Europe that will have a significant impact on companies anywhere in the world that collect or process personal data of residents… Continue Reading

International Data Privacy Day is Monday

Posted in Data Compliance & Security, Employee Privacy, Security

Time for some tips to keep your company (and your employees) safe online – Are your employees trained to maintain company privacy standards? Conduct employee training on privacy as it relates to employment, helping employees learn how to protect the privacy of clients’ and customers’ personal information and teaching employees how to manage their own… Continue Reading

Second of a series: Privacy and Security Issues for 2013

Posted in Data Compliance & Security, Employee Privacy, Privacy Regulation

Our series over the next 10 days will highlight the top issues, as we see them, in privacy and security for 2013.    Yesterday, we looked at the increase in cybcersecurity disclosure by public companies, triggered by the Securities and Exchange Commission’s Cybersecurity Guidance. Privacy 2013 – What to Expect in the Employment Arena Written… Continue Reading

New York Law Journal: Smart Devices in the Workplace

Posted in Employee Privacy, Privacy Regulation

One of the year’s hottest topics in privacy and security – BYOD.   Here is an article written by Mintz Levin’s Cynthia Larose and Narges Kakalia and published in the New York Law Journal. One good resolution for 2013 might be to review (or establish) your company’s policy dealing with employee-owned devices in the workplace.  … Continue Reading

NLRB Invalidates Another Workplace Social Media Policy

Posted in Employee Privacy

Our colleagues over at Mintz’s Employment Matters Blog have written about yet another finding from the National Labor Relations Board relating to a workplace social media policy.    Have you looked at your company’s policy lately in light of these rulings? By Martha J. Zackin The NLRB has again weighed in on workplace social media policies.  And,… Continue Reading

Online and Off-Limits: New California Legislation Prohibits Employers from Requiring Access to Social Media Accounts of Employees

Posted in Employee Privacy, Privacy Regulation, Security

Written by Jake Romero Facebook announced last week that it now has upwards of 1 billion active users.  That same week, over 10 million Twitter messages were sent during the U.S. presidential debate .  With the number and use of social media websites rapidly expanding, your privacy rights with respect to your tweets, “likes” and… Continue Reading

Two Upcoming Privacy Events

Posted in 201 CMR 17.00, Data Breach, Data Compliance & Security, Employee Privacy, Privacy Regulation

We have two “Save the Date” announcements today – for registration information click on the links below: October 18, 2012 — San Diego — The Era of Big Data — Governance, Risk and Compliance October 25, 2012 — Webinar — Data Privacy and Security Issues for the Nonprofit Join the Mintz Levin Privacy team at… Continue Reading

NLRB Continues to Speak Out on Social Media

Posted in Employee Privacy, Privacy Regulation

Recently, the National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third and latest report on social media cases, providing specific guidance on how to construct a lawful social media policy.  In the report, Solomon takes a narrow view of what types of policy provisions are acceptable and instructs, for example, that… Continue Reading

Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email?

Posted in Employee Privacy, Privacy Litigation

A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.” Our colleagues over at the Mintz Levin Employment Matters blog have posted an analysis of this interesting decision and the takeaways for employers — particularly Massachusetts employers. Read more here.  

Overheard in the interview room: What is your Facebook password?

Posted in Employee Privacy, Privacy Regulation

If you’ve missed this development of late, the word on the street is that prospective employers are not just using Google to search for whatever may be available on the Internet — they are asking applicants to provide their Facebook passwords to allow the prospective employer to peruse their Facebook page. Our colleagues over at… Continue Reading

Final regulations published on protection of genetic information

Posted in Employee Privacy

 Written by Andrew Matzkin The Equal Employment Opportunity Commission issued its final regulations implementing the Genetic Information Nondiscrimination Act (“GINA”) on Tuesday.   The Regulations do a nice job of explaining the real-world application of GINA, and especially how GINA may impact normal HR activities which companies may (mistakenly) assume are not covered by GINA…. Continue Reading

Breaking News: Supreme Court Issues Decision in Employee Privacy Case

Posted in Employee Privacy

Written by Martha Zackin As we’ve blogged in this space,, back in December, the Supreme Court agreed to hear City of Onatario v. Quon, a case on the privacy of text messages sent by a government employee on employer-provided devices. Specifically, the Court agreed to consider whether a police sergeant assigned to a Ontario, California… Continue Reading

Connecticut Woman Files First Suit Under Federal Law Prohibiting Genetic Discrimination

Posted in Employee Privacy

Written by Jennifer RubinA Connecticut woman has filed a charge of discrimination under the Federal Genetic Information Nondiscrimination Act (“GINA”), which prohibits discrimination against employees based upon their status as carriers of genetic information. The woman claims her status as a carrier of the BRCA2 gene, a gene sometimes associated with the elevated risk of… Continue Reading

BREAKING NEWS: NJ Court Upholds Employee E-mail Privacy

Posted in Employee Privacy

In a precedent-setting decision, the New Jersey Supreme Court today ruled that a company should not have read e-mails a former employee sent to her lawyer from a private Web account through her employer’s computer (See November 5, 2009 Privacy and Security Information blog post). According to the Star-Ledger, the court, which determined the company’s… Continue Reading

T Minus 10,080 Minutes and Counting…..

Posted in Employee Privacy

We have just one week to go before all entities that own, store, license — or basically do anything with — personal information of Massachusetts residents must comply with the Commonwealth’s new data security regulations. Things to consider: Have you done your risk assessment? Looked at what you collect and how you collect and how… Continue Reading

Data Privacy Day – Tip #4 – Transactional Best Practices for Lawyers

Posted in Employee Privacy

Written by Michael Arnold and Jennifer RubinEven though lawyers working on both sides of an M&A transaction during the due diligence phase might immerse themselves in a “confidentiality bubble”, they still must be careful not to disclose or access confidential employee information in the course of that transaction. Attorneys evaluating potential transactions might be tempted… Continue Reading

Data Privacy Day – Tip #3 – The weakest link??

Posted in Employee Privacy

My lunchtime speaking engagement was at the International Association of Privacy Professional’s Boston KnowledgeNet. I had the pleasure to share the panel with Mike Spinney from SixWeight (www.sixweight.com) and identity theft guru Robert Siciliano. We had a spirited discussion about privacy training and awareness. You can access their blogs in the panel to the right…. Continue Reading