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 to implement an adequate level of security of the data housed on its systems.
NY Court of Appeals Permits Warrantless GPS Tracking of Government Employees
On June 27, 2013, the NY Court of Appeals held that the state can use GPS tracking to monitor its employees during working hours without a warrant. Click here to read Proskauer’s Employment Law Counseling & Training Group’s discussion of the recent case.
New California Law Protects Employee Use of Social Media
California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media.
Katharine Parker Discusses Employer Access to Employee Social Media Accounts with the Christian Science Monitor
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.
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.
No job? Bad credit? No problem! (In Illinois.)
Illinois recently enacted legislation that broadly restricts a private employer from using credit reports regarding job applicants or current employees.
Special Radio Report: Oncidi Talks Privacy in the Workplace
There is an inherent tension between an employee’s right to privacy and an employer’s right — and obligation — to maintain a safe, productive, and hostility free environment at the office.
Why All the Fuss about Reading an Employee’s Emails?
Lately we’ve been writing a lot about employers, and their ability to read their employees’ e-mails. From New Jersey, to Idaho, to France, this is a hot topic and we are following new developments in this area closely.