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 French Data Protection Authority Unveils 2010 Annual Activity Report

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 French Appeals Court Suspends U.S. Company’s Whistleblower Program

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.

Continue Reading Israeli National Labor Court Severely Restricts Employee Monitoring

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 focus on ensuring robust and consistent enforcement of employee monitoring policies.  Unlike government employers, private employers are not subject to the Fourth Amendment’s prohibition against unreasonable searches and seizures; instead, they must comply with federal wiretap statutes and state law.  In practice, however, the “reasonable expectation of privacy” test courts apply to state common law privacy claims that govern private employers is virtually identical to the Fourth Amendment test.  Accordingly, the Supreme Court’s review of the Constitutional test likely will affect how courts view privacy claims brought against private employers.

Continue Reading Supreme Court Sets Oral Argument in Quon v. Arch Wireless for April 19, 2010