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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

OCR's Breach Settlement the First Ever Involving Less than 500 Patients

OCR started 2013 with a bang by announcing that it had reached “the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals” with the Hospice of...more

First OCR Settlement Involving a “Small” Breach Focuses on Mobile Device Security

In what is best understood as a follow-up to both the recent settlement with MEEI and the release of its mobile device security guidance, HHS OCR recently released details of a settlement reached with the Hospice of Northern...more

Privacy Breaches Can Be One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy...

Twenty-six employees of the Alberta Justice and Attorney General’s Maintenance Enforcement Program (“MEP”) were each awarded $1250.00 in damages each after a Peace Officer carrying out a workplace investigation used their...more

Employment Law Commentary -- Volume 24, No. 10, October 2012: California Legislative Update—The Bills Are Signed and the Fun...

In the second year of his second stint as governor, Jerry Brown has again signed many bills that are important to California’s employers. Notable this year are the significant changes to the enforcement of the Fair Employment...more

Employment Law, UK Edition: Employment Law Merry-Go-Round

There is a lot going on in the world of coalition-led employment law and we set out below a round-up of some of the main upcoming changes of which you need to be aware. ...more

Illinois Appellate Court Decides Two FOIA Cases on Fees that Public Body Can Charge and Justification for Attorneys’ Fees

In two recent decisions, the Illinois Appellate Court clarified the fees that a public body can charge for copying records pursuant to a Freedom of Information Act (FOIA) request and the circumstances justifying the...more

Alternative Trading System Agrees to Pay $800K for Failure to Protect Confidential Information

Earlier this month, the Securities and Exchange Commission (“SEC”) instituted public administrative and cease and desist proceedings against eBX, LLC (“eBX”), a broker-dealer registered with the SEC. eBX operates LeveL ATS,...more

In Re: Electronic Privacy Information Center

Reply To Response In Opposition To Petition For Writ of Mandamus

EPIC Pursues Body Scanner Case, Files Reply Brief - EPIC has filed a reply brief with the U.S. Court of Appeals for the D.C. Circuit in the airport body scanner case. The case arises from EPIC's Mandamus Petition,...more

Do Public Records Have to be Readable to be Subject to Release under OPRA?

Do Public Records Have to be Readable to be Subject to Release under OPRA? by Sheri Siegelbaum on August 24, 2012 The New Jersey Open Records Act (OPRA) continues to pose challenges for municipalities. In a recent...more

New Illinois Law Prohibits Employers From Requesting or Requiring Access to Social Networking Accounts

On August 1st, Governor Quinn signed into law new standards that make it illegal for Illinois employers to request or require passwords or other account information for, or otherwise demand access to, social networking...more

First State HIPAA Enforcement Action against a Business Associate Returns $2.5 Million Payout

In February, we alerted you to the first HIPAA enforcement action taken against a business associate. The action was pursued by the Minnesota Attorney General against Accretive Health, a service provider that was involved in...more

In Re Electronic Privacy Information Center

Petition For A Writ of Mandamus To Enforce This Court's Mandate

EPIC Files Mandamus Petition to Compel Action on the Airport Body Scanner Program EPIC has filed a mandamus petition with the Federal Court of Appeals in Washington, DC to require the beginning of a public comment...more

EPIC Objects to Facebook Settlement, Cites Failure to Benefit Class Members (Letter two).

EPIC has asked a federal judge to reject a pending class action settlement concerning Facebook, stating that it does not actually benefit Facebook users. In one letter to the court, EPIC explained that the settlement does not...more

EPIC Objects to Facebook Settlement, Cites Failure to Benefit Class Members

EPIC has asked a federal judge to reject a pending class action settlement concerning Facebook, stating that it does not actually benefit Facebook users. In one letter to the court, EPIC explained that the settlement does not...more

Alaska Medicaid Settles HIPAA Security Case for $1,700,000

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) has announced the first HIPAA enforcement action OCR has taken against a State agency, and the resolution agreement and related corrective action...more

EPIC Proposes Update to Privacy Act to Address Recent Supreme Court Decision

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

Employers Cautioned Against Asking Applicants and Employees for Password Access to Personal Social Media Accounts

?Employers are increasingly asking (or requiring) applicants or employees to provide their Facebook password or other social media account log-in credentials so the employer can review non-publicly available content for...more

Employment Law Alert -- April 2012

In This Issue: First Law Passed Banning Request for Personal Passwords and NLRB Poster -- Delayed Again Excerpt from First Law Passed Banning Request for Personal Passwords Maryland has become the first state...more

U.S. Supreme Court Limits the Scope of "Actual Damages" in the Federal Privacy Act

In its March 28 decision in Federal Aviation Administration v. Cooper, the U.S. Supreme Court interpreted the federal Privacy Act of 1974 and held that the term "actual damages," as used in the Act, does not include damages...more

Supreme Court Holds Only Pecuniary Damages Available Under Federal Privacy Act

On March 28, the U.S. Supreme Court ruled 5-3 that the Privacy Act of 1974, which regulates how federal agencies handle personal information, does not unequivocally authorize damages for mental or emotional distress. Cooper...more

California Supreme Court to Consider Whether State Law Prohibition On Collection of Personal Information Applies to Online...

The California Supreme Court has agreed to hear arguments over whether a state law barring merchants from collecting personal information from consumers in connection with credit card purchases applies to online retailers....more

First State Attorney General Action under HITECH

On January 19, 2012, Minnesota Attorney General Lori Swanson exercised her authority under the HITECH Act by filing a lawsuit against a business associate for the failure to protect protected health information ("PHI") and...more

Electronic Privacy Information Center v. The Federal Trade Commission

Opposition To Defendant's Motion To Dismiss And Reply In Support Of Plaintiff's Motion For Temporary Restraining Order And...

EPIC Urges Federal Court To Hold FTC Accountable for Failure to Enforce Google Consent Order In a reply brief filed today in Washington, DC, EPIC said that the Federal Trade Commission's failure to enforce the...more

Advertising Law -- January 20, 2012

In This Issue: Know When to Hold ’Em: DOJ Opens Door for Online Gambling; Advocates, Proponents Weigh In on COPPA Updates; Gilbert Arenas Loses His Appeal; FDA Releases Limited Guidance for Social Media Use; and Diamond...more

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