On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628, which requires private employers with a place of business in New York State to provide their employees prior written notice, upon hiring, of any electronic monitoring, as defined in the Act, to which the employees will be subjected by the employer.
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Employee Monitoring
Article 29 Working Party Releases Opinion on Data Processing at Work
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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.…
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European Court of Human Rights Issues Decision on Monitoring Employee Use of the Internet
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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. …
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Ninth Circuit Holds that the EEOC Has Broad Access to Personal Information, Including Social Security Numbers
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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. …
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California Attorney General’s Settlement with Houzz Inc. Requires Company to Hire CPO
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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.…
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SEC Issues Top Cybersecurity Priorities for Broker-Dealers and Investment Advisers
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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.…
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French Data Protection Authority Issues New Decision on Monitoring and Recording Telephone Calls in the Workplace
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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.…
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Swiss DPA Issues Its 20th Annual Report
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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.…
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French Data Protection Authority Rules on Keylogger Software
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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. …
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French Court of Cassation Excludes Application of Data Protection Act to Competition Authority’s Investigation
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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.…
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