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The New York Department of Financial Services cybersecurity regulation 23 NYCRR 500 (the “Regulation”) came into effect in March 2017 and established four staggered compliance deadlines for its various requirements.

By the third deadline of September 3, 2018, Covered Entities are required to be in compliance with sections 500.06 (audit trails), 500.08 (application security), 500.13 (limitations on data retention), 500.14(a) (training and monitoring), and 500.15 (encryption of nonpublic information).

Unmanned Aircraft Systems (UAS), more commonly known as “Drones,” are soaring in popularity – the Federal Aviation Administration saw more than 300,000 drones registered in just the first 30 days since they introduced a registration system on December 21, 2015. Drones have the potential to be a truly transformative technology; they are already disrupting business models in economic sectors as diverse as shipping and photography, and their proliferation as consumer devices has barely begun to be realized. However, the quick adoption of this new technology raises serious issues of for privacy, civil rights and civil liberties.

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.

For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place. In 2012, Proskauer surveyed multinational businesses in 19 different countries (Argentina, Brazil, Canada, China, The Czech Republic, France, Germany, Hong-Kong, India, Ireland, Italy, Japan, Mexico, Singapore, South Africa, Spain, The Netherlands, the United Kingdom and the United States) in order to provide a worldwide perspective of workplace use of social media.  This survey not only shed light on notable developments in the use of social media in the workplace, but also helped identify consistent traits.

In an important decision for employers, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving an employee’s assertion that a government employer had violated the Fourth Amendment by unreasonably obtaining and reviewing personal text messages sent and received on employer-issued pagers. The decision, a victory for employers, provides helpful guidance for management of electronic communication systems and workplace searches. Read this alert to learn more about the decision and how it may affect you.
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In a continuation of the Stengart v. Loving Care Agency case we wrote about in August 2009, the New Jersey Supreme Court ruled on March 30, 2010 that emails sent by an employee from a company laptop via a web-based email account (Yahoo!) to her attorney were protected from disclosure by the attorney-client privilege. In reaching this conclusion, the Court also ruled and provided insight on a far broader and more practical issue for employers — namely, how to draft enforceable computer usage policies and/or make existing policies more effective.
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