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 suspect’s car was a “search” under the Fourth Amendment. Though a growing number of employers are using GPS systems to track employee activity on the job, the effect of the Supreme Court’s decision in the private sector remains unclear.
April 2012
First Data Breach Settlement Under HITECH–$1.5 million
By Proskauer Rose on
HHS reached a settlement on March 12, 2012 with Blue Cross Blue Shield of Tennessee (“BCBST”) for $1.5 million stemming from a 2009 data breach. This settlement represents the first under the HITECH Act.
HHS Settlement for Lack of HIPAA Safeguards
By Proskauer Rose on
One April 17, 2012, the United States Department of Health and Human Services Office for Civil Rights (“OCR”) reached a settlement with Phoenix Cardiac Surgery (“PSC”) for alleged violations of the HIPAA Privacy and Security Rules.
Massachusetts AGO Stresses the Importance of Encryption
By Amy Crafts on
The Massachusetts Attorney General’s Office ("AGO") has entered into an Assurance of Discontinuance (the "Settlement") with a Massachusetts company after allegations that the company failed to adequately protect personal information of Massachusetts residents. The AGO alleged that an employee of Maloney Properties, Inc. ("MPI") stored unencrypted personal information on a company laptop, and failed to follow the company’s written information security program ("WISP") that set forth the company’s standards for protecting personal information. MPI agreed to pay a fine of $15,000 in connection with the Settlement.
Friend Request Rejected: Maryland Bans Employers from Asking Employees for their Social Media Passwords
Posted on
Maryland became the first state to pass legislation that prohibits employers from asking employees and job applicants for their social media passwords.
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Katharine Parker Discusses Employer Access to Employee Social Media Accounts with the Christian Science Monitor
By Proskauer Rose on
On April 11, 2012, Katharine Parker, a partner in Proskauer’s Labor & Employment Law Department, discussed privacy concerns that arise when an employer demands access to its employees’ social media accounts.
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