Administrative Agency Constitutional Law Privacy

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Doping Tests and Privacy Rights in Spain: a Key Court Decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

Communications Between Public Officials Using Private Cell Phones or Email Accounts Are Not Public Records Requiring Public Access

City of San Jose v. Superior Court of Santa Clara County (Ted Smith, Real Party) - Sixth District Court of Appeal, Action # H039498 (Filed Mar. 27, 2014) 2014 WL 1254821 ____Cal.App.4th____ - The California...more

Illinois Supreme Court to Decide Whether FOIA Covers State's Attorney's Office

Our previews of the latest additions to the Illinois Supreme Court’s civil docket continue this morning with Nelson v. The Office of the Kendall County State’s Attorney, a case from the Second District Appellate Court. Nelson...more

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers...more

Commentary on the planned work on the act “against the Big Brother” presented by the Minister of Internal Affairs B. Sienkiewicz...

In 2013 the Minister of Internal Affairs B. Sienkiewicz announced work on the bill “against the Big Brother”. The announcement of B. Sienkiewicz of the act regulating among others the principles of operation of video...more

Opinion on the proposed reform of the secret services in Poland - the Bill on the Internal Security Agency's (2013)

In fact, the biggest problem of Polish secret services (including ISA) is their lack of specialization. Despite determining their activities, under the current law, the ISA deals with “everything and nothing”, which...more

Capper, Dir of National Intelligence, et al v. Amnesty International USA et al

SCOTUS Dismisses Federal Wiretapping Challenge

Full text copy of Supreme Court's dismissal of lawsuit challenging federal wiretapping program. On Tuesday, February 26, 2013, a divided Court dismissed a challenge to the FISA Amendments Act, which permits federal...more

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

Maracich v. Spears

Brief Of Amicus Curiae Electronic Privacy Information Center (EPIC) And Twenty-Seven Technical Experts And Legal Scholars In...

EPIC Argues for Privacy of Driver's Records in Supreme Court Case - In a "friend of the court" brief, EPIC has urged the U.S. Supreme Court to limit the disclosure of personal information covered by the Driver's Privacy...more

Alberta Privacy Law Decision to be Reviewed by the Supreme Court of Canada

On October 25, 2012, the Supreme Court of Canada granted leave to appeal a decision of the Alberta Court of Appeal that narrowed the application of privacy laws in Alberta. In United Food and Commercial Workers, Local 401 v...more

Constitutionality of Alberta’s Personal Information Protection Act Heading to Supreme Court of Canada

Today, the Supreme Court of Canada granted leave to appeal from a decision of the Alberta Court of Appeal declaring the application of Alberta’s Personal Information Protection Act to certain union activities during a strike...more

Annual City Apartment Inspections And Inspection Fees Are Upheld

Residential landlords can be required to submit their rental properties for annual city inspections, and can be required to pay a city inspection fee, under a recent court of appeal ruling. (Griffith v. City of Santa Cruz...more

Click With Caution: What Employers Should Know Before Conducting Social Media Background Checks on Prospective Employees

With the proliferation of social media sites such as blogs, Facebook, and LinkedIn, and their increasing prominence in the business realm, it is not surprising that employers have begun to access the information posted on...more

EPIC Calls for Suspension of Homeland Security's "Risk-based" Profiling System

EPIC submitted comments to Customs and Border Protection, a component of the Department of Homeland Security, urging the agency to suspend the Automated Targeting System. Although the System was initially created to screen...more

CBb 2 april 2012, JB 2012/133 m.nt. S.M.C. Nuyten en H.P. Wiersema

Deze beslissing en de hiervoor gepubliceerde beslissing van het CBb (12 oktober 2011, LJN: BW0616, gepubliceerd onder nr. 136) zien beide op de toepassing van artikel 8:29 Awb. KPN stelde beroep in bij het CBb tegen een...more

EPIC Supports Geolocation Privacy Act, Suggests Improvement

In a Statement for the Record, EPIC has expressed support for H.R. 2168, the "Geolocational Privacy and Surveillance Act," which prohibits the interception of location information by private parties and government agents...more

FTC, CFPB, DOJ File Brief in Suit Challenging FCRA Constitutionality

On May 8, the FTC announced that it had joined the CFPB and the DOJ to file a brief supporting the constitutionality of the Fair Credit Reporting Act (FCRA). The brief was filed in a lawsuit in the U.S. District Court for the...more

Disclosure Bill May Put Retirees At Risk

Recently, I wrote about a bill, SB 1208 (Leno), that would require disclosure of total compensation information with respect to each of a corporation’s five most highly compensated retirees. This requirement would be imposed...more

Random Alcohol Testing Case Headed for Supreme Court

The Supreme Court of Canada will decide whether an employer must have “reasonable cause” to conduct random alcohol testing on unionized employees, or whether an inherently dangerous workplace is sufficient to justify random...more

EPIC Urges Justice Department to Investigate Google for Unlawful Wiretapping

EPIC wrote a letter to Attorney General Eric Holder asking the Department of Justice to investigate Google’s collection of Wi-Fi data from residential networks by means of "Street View" vehicles. The Federal Communications...more

Supreme Court: Temporary Government Employee Is Entitled To Same Immunity From Lawsuits As Full-Time Public Workers

In a unanimous decision, the U.S. Supreme Court ruled on April 17, 2012 that a private employee working for a governmental body is entitled to the same qualified immunity as full-time public employees. Filarsky v....more

EPIC Obtains New Documents on DHS Media Monitoring, Urges Congress to Suspend Program

EPIC has submitted a letter to Congress following a hearing on DHS monitoring of social networks and media organizations. In the letter, EPIC highlights new documents obtained as a result of a FOIA lawsuit and points out...more

California's Reader Privacy Act: What Every Bookseller Must Know

On January 1, 2012, the California Reader Privacy Act went into effect. The Act requires all “book service providers,” i.e., book sellers, in the State to take certain steps when responding to governmental...more

Data Protection and Privacy in China

China does not currently have a comprehensive legal framework to regulate the use and disclosure of personal data nor a national level law that delineates how a company can legally collect, process and retain data...more

This Week In Labor And Employment Law - Marx Brothers Edition

It's been another zany week or so in the world of labor and employment law, rivaling Groucho, Harpo, Chico and Zeppo. Here are a few items that jumped out at me. (Each subhead is a line from a Marx Brothers movie or the title...more

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