EPIC Urges the Drug Enforcement Administration to Uphold Privacy Act Protections by Electronic Privacy Information Center on 5/22/2012 In response to a notice of proposed rulemaking, EPIC has submitted comments to the Drug Enforcement Administration of the Department of Justice, urging the agency to uphold Privacy Act protections, and to not claim broad...more
HIPAA Criminal Penalties – Defendant May Be Found Guilty without “Knowledge” That Acts Are Illegal by Mintz Levin - Health Law on 5/21/2012 Individuals who access protected health information without authorization may be found guilty of a misdemeanor even if they lack knowledge that their actions are illegal. ...more
Lead Director Networks: Viewpoints - May 2012 by King & Spalding on 5/18/2012 Introduction On April 3, 2012, the Lead Director Network (LDN) gathered in Washington, DC, for its 12th meeting. Members examined the role of the board and lead director in overseeing strategic risks. This issue of...more
Anti-Spam Update – Proposed New Exemptions on the Way by Fraser Milner Casgrain LLP on 5/18/2012 Today the Canadian Bar Association held an update session for members on Canada’s Anti-Spam Legislation (“CASL”). An oral presentation was provided by Andy Kaplan-Myrth, a Policy Advisor in the Digital Policy Branch at...more
Employment Law Alert -- May 2012 by Ruskin Moscou Faltischek on 5/18/2012 In this Issue: "Update: New Federal Legislation Proposed Banning Request for Personal Passwords" and "EEOC Updates Guidance on Use of Arrest and Conviction Records" Excerpt from "Update: New Federal Legislation...more
Personal and Professional Email: Access to Information Requests by Fraser Milner Casgrain LLP on 5/18/2012 When a government employee uses workplace email to send and receive personal email, are those emails subject to disclosure under access to information laws? What about when a government employee uses a personal email...more
FCC Proposes Bandwidth for Wireless Medical Monitoring by Davis, Brown, Koehn, Shors & Roberts, P.C. on 5/18/2012 The Office of the National Coordinator (ONC) frequently speaks about the "ubiquitous connected platform" that is being created by the ongoing use of private electronic devices, like smart phones and tablets, in a medical...more
Are you engaged in commercial activity asks the Privacy Commissioner? by Fraser Milner Casgrain LLP on 5/18/2012 The Office of the Privacy Commissioner of Canada (“OPC”) has released an interpretation guide with respect to the concept of “commercial activity” in the Personal Information Protection and Electronic Documents Act (Canada)...more
EPIC Supports Geolocation Privacy Act, Suggests Improvement by Electronic Privacy Information Center on 5/17/2012 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
Ninth Circuit Holds that Knowledge of HIPAA Is Not Necessary for Criminal Conviction by Davis Wright Tremaine LLP on 5/16/2012 On May 10, 2012, the United States Court of Appeals for the Ninth Circuit held that an individual may be criminally convicted of knowingly obtaining health information in violation of HIPAA, even if the individual did not...more
The Right To Be Forgotten by Proskauer - Privacy & Data Security on 5/16/2012 On 25 January 2012, the European Commission published a proposed new data protection framework for the E.U. The new framework, unlike the current one, is to provide a consistent and harmonised set of rules for all 27 E.U....more
Reviewing an Applicant’s Social Media Site: Legal Right or Picking a Fight? by Miller Canfield on 5/15/2012 Gathering information from social media to use in the hiring process can help employers weed out potential problem employees, as well as reinforce a good applicant’s potential for success. Recent studies suggest that nearly...more
EPIC Proposes Update to Privacy Act to Address Recent Supreme Court Decision by Electronic Privacy Information Center on 5/14/2012 Following the recent decision of the Supreme Court in FAA v. Cooper, EPIC has set out proposed changes to the Privacy Act that would compensate individuals for provable nonpecuniary harms caused by willful violations of the...more
Calif. Assembly OKs Bill To Shield Workers’ Facebook Logins by Mintz Levin - Employment, Labor & Benefits on 5/14/2012 Originally published in Law360, San Diego (May 10, 2012, 5:00 PM ET) A landmark bill that aims to protect California employees and prospective workers from being asked by a company to turn over their usernames and...more
Fenwick Employment Brief - May 2012 by Fenwick & West LLP on 5/14/2012 In This Issue: - Attorney Fees Not Recoverable For Prevailing Party In Meal And Rest Period Cases - EEOC Provides Guidance Regarding Use Of Criminal History In Employment Decisions - News Bites ..Court...more