Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: Workplace Privacy

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Social Media’s Not For You—It’s About You: Risks for Organizations in a New Age of Sharing

Posted in Data Breaches, Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Social Media, Workplace Privacy
Social media and social networking, including websites and applications that allow users to create and share content, have become ubiquitous. Joining the social networking revolution may be very easy for individuals, but establishing best practices for organizations that want or need to be actively engaged with social media is not. Initial considerations tend to focus… Continue Reading

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

Posted in Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Workplace Privacy
The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel… Continue Reading

FAQs by Employers Regarding the Anthem Breach

Posted in Data Breaches, HIPAA/HITECH, Medical Privacy, Workplace Privacy
Do we have any legal obligations under HIPAA? It depends on your contractual relationship with Anthem and whether the group health plan offered by your company is self-insured. If your company’s group health plan is self-insured and your company contracts with Anthem to administer the plan, process claims, etc., then your company’s group health plan… Continue Reading

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

Posted in Data Breaches, Workplace Privacy
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning such information. Depending upon the outcome of a recently filed charge before the National Labor Relations Board (“NLRB” or the “Board”), unionized employers… Continue Reading

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

Posted in Workplace Privacy
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy Neighborhood Market and United Food and Commercial Workers International Union decision, 361 NLRB No. 8 (July… Continue Reading

New Jersey Becomes the Sixth State to Ban the Box for Private Employers

Posted in Workplace Privacy
Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth state to ban the box for private employers. As we blogged here, the Illinois law takes effect January 1, 2015. Several cities have… Continue Reading

Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer

Posted in Workplace Privacy
Editor’s Note: This post is a joint submission to BakerHostetler’s Discovery Advocate blog. Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the administration of justice which the privilege entails.”  But marital communications to… Continue Reading

Maryland First to Enact Social Media Ban

Posted in Workplace Privacy
Although it may not be a widespread practice among employers, asking employees or job applicants to provide passwords or access rights to social media accounts (e.g. Facebook or Twitter) has gained national attention and has been widely criticized by advocacy groups and politicians. While members of Congress are evaluating ways to prohibit the practice, Maryland became the… Continue Reading

NLRB Issues Advice Memorandums Regarding Disciplining Employees for Social Media Misconduct

Posted in Workplace Privacy
Since the advent of social networking websites like Facebook, employers have struggled to determine when it is appropriate to discipline an employee who engages in misconduct through social media.  Fortunately, the NLRB offered significant guidance on this issue in three Advice Memorandums submitted in July 2011.  These Memorandums seem to indicate an employer may discipline… Continue Reading