No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides by Mintz Levin - Employment, Labor & Benefits on 5/21/2012 Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.” ...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
FTC, CFPB, DOJ File Brief in Suit Challenging FCRA Constitutionality by BuckleySandler LLP on 5/14/2012 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
Keeping Track of Your Employees: Use of Electronic Monitoring May Be an Invasion of Privacy by Sheehan Phinney Bass + Green PA on 5/10/2012 Employers who use location-tracking devices such as a Global Positioning System (GPS) or smartphone may want to revisit their current policies after the U.S. Supreme Court’s recent decision in United States v. Jones, 132 S....more
Disclosure Bill May Put Retirees At Risk by Allen Matkins Leck Gamble Mallory & Natsis... on 5/9/2012 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
Employee Privacy On Work Computers To Be Decided By Supreme Court by Fraser Milner Casgrain LLP on 5/8/2012 The Supreme Court of Canada has granted leave to appeal the Ontario Court of Appeal’s decision in R. v. Cole, 2011 ONCA 218. Mr. Cole, a teacher, was charged with possession of child pornography and unauthorized use of a...more
New Law Will Let the Feds Monitor Your Email by Lawyers.com on 5/4/2012 A new pending law called the Cyber Intelligence Sharing Protection Act of 2011 (CISPA) might make your email a matter of national security. The proposed legislation could include monitoring of your e-mails, filtering content...more
Senator Opposes Swiss Accounts Tax Treaty Change by Darrin Mish, Tampa Tax Attorney on 5/2/2012 Senator Rand Paul (R – Kentucky) opposes changes to the US-Swiss tax treaty that would effectively allow the US government more access to tax information connected to Swiss bank accounts of US citizens. Senator Paul stresses...more
GPS in the Workplace by Proskauer - Privacy & Data Security on 5/1/2012 Earlier this year in United States v. Jones, the United State Supreme Court addressed the privacy implications of Global Positioning Systems (“GPS”), holding that placing a GPS tracking device on a suspect’s car was a...more
Jailhouse Strip-Searches For Minor Offenses - Let the Abuses Commence! by Collins & Collins, P.C. on 4/30/2012 The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures without a warrant supported by probable cause. However, the U.S. Supreme Court recently held in Florence v. Board of...more
Do Minors Have Broader Rights Under the 4th Amendment Than Adults? by Collins & Collins, P.C. on 4/23/2012 The 4th Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. The New Mexico Children's Code further protects juveniles and sometimes expands their constitutional rights. In a...more
A Person May Physically Struggle Against Police Who Enter His Home Unlawfully by Warner Norcross & Judd - Appellate Practice... on 4/23/2012 On April 20, 2012, the Michigan Supreme Court held that a person could not be charged with resisting and obstructing a police officer if the person struggled with officers who had entered the person’s home unlawfully. By...more
Random Alcohol Testing Case Headed for Supreme Court by Fraser Milner Casgrain LLP on 4/20/2012 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 by Electronic Privacy Information Center on 4/18/2012 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 by Fisher & Phillips LLP on 4/18/2012 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