According to a press release issued by the European Commission today, the European Parliament and the Member States have agreed to adopt new rules that set the standard for protecting individuals who blow the whistle on breaches of EU law from dismissal, demotion, and other forms of retaliation. This reform,
workplace
CNIL Cracks Down on Employee Video Monitoring and Password Strength
By Cecile Martin on
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.
Keep An Eye On Those Shiny, New Mobile Devices!
By Ryan P. Blaney & Tzvia Feiertag on
As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has responded with educational videos, worksheets and guidance to help health care providers create a “culture of compliance and awareness” and to protect patients’ Protected Health Information (“PHI”). While the material is focused on health care professionals, the information is also applicable to group health plan professionals and their business associates who use mobile devices to store and transmit PHI in connection with administration of group health plans.
New California Law Protects Employee Use of Social Media
By Anthony J. Oncidi on
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
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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No Question about Quon: U.S. Supreme Court Unanimous in Overturning Ninth Circuit
By Proskauer Rose on
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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New Jersey’s High Court Ruling Reaffirms Employer’s Right To Monitor and Restrict Computer Use
By Proskauer Rose on
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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Special Radio Report: Oncidi Talks Privacy in the Workplace
By Proskauer Rose on
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.
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