Oct 212014

William Hamilton reports: Jason R. Baron used his keynote address at the LawTech Euro Conference 2014 in Prague today to call for greater data use transparency from U.S. businesses. Addressing 500+ attendees, Baron asserted that the compelling business need to deploy powerful predictive analytics to effectively accomplish information governance requires a corresponding informed consent from employees. Baron, of [...]

Oct 192014

Joseph J. Lazzarotti writes: We addressed the dangers of “snooping” into patient records by hospital workers spurred by incidents of Ebola and Enterovirus D-86 in the U.S. Of course, the workplace challenges created by Ebola, Enterovirus D-86 and other contagious diseases and illnesses in the workplace go far beyond snooping, and far beyond healthcare employers. Employers in all industries are facing [...]

Oct 142014

The ACLU of Northern California wants voters to vote NO on Proposition 46, the Medical Malpractice Lawsuits Cap and Drug Testing of Doctors initiative. The initiative would require physicians to submit to random, suspicionless drug testing, which is an unwarranted intrusion into their right to privacy protected by the Fourth Amendment and the California Constitution. [...]

Sep 252014

Michael R. Bertoncini writes: In order to be a “protected computer” within the meaning of the federal Computer Fraud and Abuse Act (the “CFAA”), the computer must be used in interstate commerce at the time of the allegedly unauthorized access of the computer, the U.S. District Court for the District of Massachusetts held.  Pine Env. Servs., [...]

Sep 202014

Trevor Brown reports: A series of bills endorsed by a legislative-led panel could make your Facebook, email and other personal Internet accounts more secure. The Task Force on Digital Information Privacy voted Thursday to recommend several bills that could be debated during the upcoming 2015 session if they are supported by another legislative committee. The [...]

Sep 182014

Elizabeth Warmerdam has an update on one of the yuckiest workplace privacy cases I’ve ever covered on this blog. Accused of checking the underwear of female employees for period blood, a cosmetics company cannot demand coverage from its insurer, a California Court of Appeals ruled. [...] Jon Davler tendered the action to its insurer, but [...]

Sep 142014

Charles Mabbett of the Office of the New Zealand Privacy Commissioner raises a good question: Is it acceptable for a lawyer acting for a client to send a very private communication to a work email address of the other party? A complaint based on exactly this kind of scenario was made to the Legal Complaints Review Officer (LCRO) [...]