Workplace Privacy | Privacy and Information Security Law Blog

NLRB Releases Guidance on Workplace Investigation Confidentiality Policies

Posted on May 3, 2013 by Hunton & Williams LLP

As reported in the Hunton Employment & Labor Perspectives Blog:

Furthering its controversial ruling in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board’s (“NLRB’s”) Office of the General Counsel released a memorandum providing additional guidance on the confidentiality of internal workplace investigations. Banner Health held that to require confidentiality of investigations, an employer must show more than a generalized concern with protecting the integrity of its investigations. Rather, an employer must “determine whether in any give[n] investigation witnesses need[ed] protection, evidence [was] in danger of being destroyed, testimony [was] in danger of being fabricated, and there [was] a need to prevent a cover up.”

Tags: Litigation, National Labor Relations Board, Workplace Privacy

French Data Protection Authority Rules on Keylogger Software

Posted on March 25, 2013 by Hunton & Williams LLP

On March 20, 2013, the French Data Protection Authority (“CNIL”) issued (in French) guidance on keylogger software (the “Guidance”). Keylogger software enables an employer to monitor all the activities that take place on an employee’s computer (such as every key typed on the computer’s keyboard and every screen viewed by the employee), without the employee’s knowledge.

Tags: CNIL, Employee Monitoring, European Union, France, International, Online Privacy, Workplace Privacy

Supreme Court Limits Plaintiffs Ability to Cap Damages Prior to Class Certification

Posted on March 22, 2013 by Hunton & Williams LLP

As reported in the Hunton Employment & Labor Perspectives Blog:

On March 19, 2013, in Standard Fire Insurance Co .v. Knowles, the United States Supreme Court ruled that stipulations by a named plaintiff on behalf of a proposed class prior to class certification cannot serve as the basis for avoiding federal jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”).

Tags: Class Action, Cookies, Litigation, Supreme Court, U.S. Federal Law, U.S. State Law, Workplace Privacy

UK ICO issues Guidance on BYOD for Organizations

Posted on March 18, 2013 by Hunton & Williams LLP

On March 7, 2013, the UK Information Commissioner’s Office (“ICO”) published guidance (the “Guidance”) on Bring Your Own Device (“BYOD”) to explain to data controllers “what they need to consider when permitting the use of personal devices to process personal data for which they are responsible.” BYOD refers to the use of individuals’ personal devices to access and store corporate information.

Tags: Accountability, BYOD, Christopher Graham, Data Controller, Data Protection Act, European Union, General, Geolocation, Information Commissioners Office, International, Personally Identifiable Information, Social Media, United Kingdom, Workplace Privacy

German Federal Office for Information Security Issues Guidance on Consumerization and BYOD

Posted on February 7, 2013 by Hunton & Williams LLP

On February 4, 2013, the German Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik or “BSI”) published a paper (in German) providing an overview of the information technology risks inherent in consumerization and bring your own device (“BYOD”) strategies. The Paper responds to what the BSI views as a growing trend of employees making personal use of employer IT systems as well as using their personal IT devices for work purposes.

Tags: BYOD, Encryption, European Union, Germany, Information Security, International, Mobile Device, Privacy Policy, Workplace Privacy

UK Court Rules Criminal Records Checks System Breaches Human Rights

Posted on February 6, 2013 by Hunton & Williams LLP

On January 29, 2013, the UK Court of Appeal ruled that the UK criminal records disclosure regime is disproportionate and incompatible with the UK Human Rights Act 1998 (the “Act”). The landmark judgment focused on the case of an appellant named “T,” who had received two “cautions” for stealing two bicycles when he was 11 years old. After a number of years, the appellant had to disclose these cautions twice in connection with required criminal records checks: first, at the age of 17, when he applied for a part-time job at a local football club, and again when he applied for a college course.

Tags: European Union, International, Legislation, Personally Identifiable Information, United Kingdom, Workplace Privacy

FTC Settlement Targets Mobile App Background Checks

Posted on January 16, 2013 by Hunton & Williams LLP

In a January 13, 2013 blog post, the Federal Trade Commission’s Bureau of Consumer Protection’s Business Center Blog highlighted the FTC’s recent groundbreaking settlement for violations of the Fair Credit Reporting Act (“FCRA”) in the mobile app context. The settlement with Filiquarian Publishing, LLC, Choice Level, LLC, and Joshua Linsk (the owner of Filiquarian and Choice Level, collectively, the “Companies”), is the first FCRA enforcement action against a mobile app developer. Filiquarian offered mobile apps to consumers for purposes of conducting criminal background checks in numerous states, and Choice Level provided the criminal background checks used by the apps to Filiquarian.

Tags: Consent Order, Consumer Protection, Credit Report, Enforcement, FCRA, Federal Trade Commission, Mobile App, Mobile Device, Workplace Privacy

Employers Must Update Notice Form Under the Fair Credit Reporting Act

Posted on December 28, 2012 by Hunton & Williams LLP

As reported in the Hunton Employment & Labor Perspectives Blog:

Beginning January 1, 2013, employers must issue an updated notice form to applicants and employees when using criminal background information under the federal Fair Credit Reporting Act.

Tags: Consumer Protection, Dodd-Frank Act, FCRA, Federal Trade Commission, Workplace Privacy

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

NLRB Releases Guidance on Workplace Investigation Confidentiality Policies

French Data Protection Authority Rules on Keylogger Software

Supreme Court Limits Plaintiffs Ability to Cap Damages Prior to Class Certification

German Federal Office for Information Security Issues Guidance on Consumerization and BYOD

UK Court Rules Criminal Records Checks System Breaches Human Rights

Employers Must Update Notice Form Under the Fair Credit Reporting Act

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