Privacy Law Blog

Tag Archives: employer

CNIL Cracks Down on Employee Video Monitoring and Password Strength

In 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 and because the CCTV enabled the constant monitoring of one employee making the recording disproportionate to the goal pursued.  The CNIL also sanctioned the company because it failed … Continue Reading

Please Ignore the Intrusion, We Just Have a Few Questions to Ask: Supreme Court Validates Background Checks for Government Contractors

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 deciding, that two parts of a standard government employment background investigation implicated a constitutional privacy interest, the Court held that the government is permitted to ask reasonable employment-related questions that further the government's interests in managing its internal operations, particularly where the results of such investigations are adequately protected from public disclosure. … Continue Reading

Rehearing En Banc Denied in Quon . . . With Dissent

On Tuesday, the Ninth Circuit denied rehearing en banc in Quon v. Arch Wireless, previously discussed here. The dissent (1) disagrees with the panel's conclusion that the SWAT team members had a reasonable expectation of privacy in the text messages on the grounds that the decision undermines the standard established by the Supreme Court in O'Connor v. Ortega, 480 U.S. 709 (1987); and (2) finds that the method used by the panel to determine whether the search was reasonable conflicts with Supreme Court precedent holding that the Fourth Amendment does not require the government to use the "least intrusive means" when conducting a "special needs" search. The dissent can be found here. Judge Wardlaw's concurrence in the denial of rehearing en banc can be found here. We will keep you posted on this one. … Continue Reading

Enforcement of E-Verify Regulation Postponed Once Again

Today is Data Privacy Day and we bring you a special post regarding E-Verify from guest contributors Lawrence Lorber, Malcolm Harkins, and James Segroves, of Proskauer's DC office, and David Grunblatt of Proskauer's Newark office. Enforcement of a controversial federal regulation that raised significant privacy concerns has been postponed once again as the result of a legal challenge filed by Proskauer on behalf of the Chamber of Commerce of the United States of America and four other trade associations. See Chamber of Commerce of the U.S. v. Napolitano, Civil Action No. AW-08-3444 (D. Md.). The regulation in question would have required most government contractors and subcontractors to participate in E-Verify, an Internet-based system that allows employers to verify that individuals are eligible to work in the United States using an employee's Social Security Number and other personal information. Pursuant to a January 27, 2009 agreement between the parties, enforcement of the regulation has been postponed until May 21, 2009, in order to give the recently inaugurated Administration of President Barack Obama an opportunity to review the regulation. A notice to this effect is scheduled to be published in the Federal Register on January 30, 2009. … Continue Reading
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