The Article 29 Working Party issued an Opinion on data processing at work, which complements the Working Party’s previous guidance on the processing of personal data in the employment context and on the surveillance of electronic communications in the workplace. This blog entry provides highlights on the Opinion.
Continue Reading Article 29 Working Party Releases Opinion on Data Processing at Work

On September 27, 2016, the French Data Protection Authority announced the adoption of two new decisions that will now cover all biometric access control systems in the workplace. These two new decisions repeal and replace the previous biometric decisions adopted by the CNIL.
Continue Reading CNIL Publishes New Rules on Biometric Access Control in the Workplace

As reported in the Hunton Employment & Labor Perspectives Blog:

On November 2, 2015, a putative class action was filed against retailer Big Lots Stores, Inc. in Philadelphia, stemming from allegations that the company “systematically” violated the Fair Credit Reporting Act’s (“FCRA’s”) “standalone disclosure requirement” by making prospective employees sign a document used as a background check consent form that contained extraneous information. Among other things, the plaintiff alleges that Big Lots’ form violates the FCRA because it includes the following three categories of extraneous information: (1) an “implied liability waiver” (specifically, a statement that the applicant “fully understand[s] that all employment decisions are based on legitimate nondiscriminatory reasons”); (2) state-specific notices; and (3) information on how background information will be gathered and from which sources, statements pertaining to disputing any information, and the name and contact information of the consumer reporting agency.


Continue Reading Retailer Sued over Allegations that Background Check Consent Form Includes Extraneous Information

On October 27, 2015, the Ninth Circuit held in EEOC v. McLane Co., Inc. that the EEOC has broad subpoena powers to obtain nationwide private personnel information, including Social Security numbers.
Continue Reading Ninth Circuit Holds that the EEOC Has Broad Access to Personal Information, Including Social Security Numbers

On May 25, 2015, the French Data Protection Authority released its long-awaited annual inspection program for 2015, announcing that a target of 550 inspections was set for 2015, including 350 on-site inspections, document reviews or hearings and 200 online inspections. This blog entry provides a summary of the program.
Continue Reading French Data Protection Authority Reveals 2015 Inspection Program

On January 6, 2015, the French data protection authority (CNIL) published a decision adopting a new Simplified Norm NS 47 that addresses the processing of personal data in connection with monitoring and recording employee telephone calls in the workplace.
Continue Reading French Data Protection Authority Issues New Decision on Monitoring and Recording Telephone Calls in the Workplace

As reported in the Hunton Employment and Labor Perspectives Blog, in Purple Communications, Inc., a divided National Labor Relations Board held that employees have the right to use their employers’ email systems for statutorily protected communications, including self-organization and other terms and conditions of employment, during non-working time.
Continue Reading NLRB Reverses Register Guard; Grants Workers Right to Use Employer Email System for Section 7 Purposes