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
On January 12, 2016, the European Court of Human Rights ruled in Bărbulescu v. Romania that companies can monitor their employees’ online communications in certain circumstances. … Continue Reading
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
On October 2, 2015, California Attorney General Kamala D. Harris announced that her office settled a lawsuit against an online home design company, Houzz Inc., stemming from allegations that the company impermissibly recorded phone calls without appropriately notifying the parties to the calls.… Continue Reading
The Office of Compliance, Inspections and Examinations at the U.S. Securities and Exchange Commission recently issued a Risk Alert outlining its latest cybersecurity examination priorities for SEC-registered broker-dealers and investment advisers.… Continue Reading
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
On June 28, 2013, the Swiss Federal Data Protection and Information Commissioner issued its annual report highlighting activities during the period from April 2012 to March 2013. This blog post provides an overview of information from the report that is relevant for international businesses with operations in Switzerland.… Continue Reading
On March 20, 2013, the French Data Protection Authority issued guidance on keylogger software that enable employers to monitor the activities of an employee’s computer without the employee’s knowledge. … Continue Reading
On November 30, 2011, the French Court of Cassation upheld a decision excluding the application of the French Data Protection Act to an investigation by the French Competition Authority.… Continue Reading
On November 16, 2011, the French Data Protection Authority published its Annual Activity Report for 2010. The Report highlights the CNIL’s major accomplishments from 2010 and its priorities for 2011, and includes recommendations for the revision of the EU data protection framework.… Continue Reading
On November 3, 2011, the French Court of Cassation upheld a decision against a company that used a geolocation device installed in a company car to track one of its employee’s working hours. … Continue Reading
On September 23, 2011, a French Labor Court in Caen suspended a whistleblower program implemented by a U.S. company's French affiliate despite the fact that the French Data Protection Authority had inspected and approved the program prior to implementation. … Continue Reading
Legal consultant Dr. Omer Tene reports that last week, the Israeli National Labor Court issued an opinion requiring employers to set forth clear policies with respect to employee use of computers and communications systems in the workplace. The Court distinguished between the monitoring of business email accounts, personal email accounts and "mixed" email accounts, and expressed reservations concerning the validity of employee consent in the monitoring context.
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On September 14, 2010, a French Appeals Court in Dijon upheld a decision against an employer, rejecting evidence against an employee gleaned from a geolocation device embedded in the employee's company car.
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On August 25, 2010, the German government approved a draft law that would amend the German Federal Data Protection Act with respect to certain provisions regarding data protection in the employment context.
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The Seventh Circuit recently rejected a defendant's argument that the Wiretap Act applies only to emails "in flight" as opposed to communications at rest or in storage.
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Breaking — The Supreme Court has issued its decision in City of Ontario, California v. Quon, ruling unanimously that the police department did not violate an officer’s Fourth Amendment rights when supervisors reviewed text messages transmitted using a work-issued pager. In reaching this decision, the Court did not resolve whether the officer had a reasonable … Continue Reading
On March 30, 2010, the New Jersey Supreme Court ruled in favor of a former employee who claimed that state common privacy law protected certain of her emails from review by her employer.
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The U.S. Supreme Court has set oral argument for April 19, 2010, to review the Ninth Circuit’s 2008 decision on employee privacy in Quon v. Arch Wireless Operating Co. Although Quon concerns the scope of privacy rights afforded to public employees under the Fourth Amendment, the case also has forced private employers to renew their … Continue Reading
The U.S. Supreme Court announced Monday that it will review the Ninth Circuit’s 2008 decision on employee privacy in Quon v. Arch Wireless Operating Co. In Quon, the Ninth Circuit considered whether the Ontario, California police department and the City of Ontario violated a police officer’s privacy rights by reviewing private text messages the officer … Continue Reading
