Labor & Employment Consumer Protection Privacy

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Minnesota Weekly Legislative Update: 03/25/2016

The Minnesota Legislature had a short week, with no official business on Friday due to their Easter recess. The legislature will return on Tuesday, March 29, at noon. This week, committees continued to hear budget details...more

Driver Privacy Act of 2015 Addresses Privacy Concerns for Data Collected on Event Data Recorders

An event data recorder (EDR), as defined in 49 CFR section 563.5, generally means a device or function in a vehicle that records the vehicle’s dynamic time-series data during the time period just prior to or during a crash...more

HHS Fact Sheet on Your Employees’ and Clients’ Rights under HIPAA to Access their Health Information

The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, contains extensive rules designed to limit access by non-health plan entities to certain individually identifiable health...more

Mobile Applications that Track User Information Have the FTC’s Attention

Similar to website browsers, many mobile applications collect a variety of information from the user, including, the user’s identity, usage history, past log-ins, and location. This enables the application to provide various...more

What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points

Several companies now offer time and attendance solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance...more

What You Need to Know About the New General Data Protection Regulation (GDPR)

The EU Parliament Committee on Civil Liberties, Justice, and Home Affairs (“LIBE”) finally released the text of the long anticipated new data protection law. While the law has not formally been enacted, its adoption at this...more

Fingerprint Identification Technology

Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

EU-US Privacy Shield May Provide Guidance for Transatlantic Data Transfers

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that...more

Tax Relief for Identity Protection Services

In 2015, following numerous customer data security breaches at major U.S. companies, the IRS announced special tax relief to breach victims who were provided identity protection services as a result of the breach. In January...more

Congress Considers Changes to FCRA to Expand Consumer Credit Files and Limit Use of Credit Reports for Employment Decisions

Two bills amending the Fair Credit Reporting Act (FCRA) intended to benefit consumers are making their way through Congress. H.R. 4172, "The Credit Access and Inclusion Act of 2015," has bipartisan support, although it is...more

Regional Income Tax Authority in Ohio loses info on 50,000 people

The Regional Income Tax Agency of Ohio (RITA) announced on December 31, 2015, that it lost the personal data of approximately 50,000 individuals who filed tax forms with the agency in November. RITA provides tax collection...more

Early Ruling in Putative Biometrics Class Action May Provoke More Lawsuits

In recent years, a new genre of privacy litigation has emerged involving biometrics. Generally, biometrics consists of biological data that can be used to identify a person, such as retina and iris scans, fingerprints,...more

IRS provides tax relief for pre-breach identity protection services

The IRS released a bulletin on December 30, 2015, (Announcement 2016-02) announcing that it would extend the tax exemption issued in August to organizations who provide credit monitoring to its employees following a data...more

An Ounce of Prevention…Is Tax-Free: IRS Expands Tax Relief to Pre-Data Breach Identity Theft Protection Services

As reported here after last year’s customer data security breaches at major U.S. corporations, the IRS announced special tax relief for identity protection services provided to individuals affected by a security breach. In...more

The Tax Man Cometh Not to ID Protection Recipients Either

Late last year, while you were probably busy picking out which bubbly to pop at the stroke of midnight, the IRS gave us another reason to celebrate. You may remember (as we wrote previously) the IRS said it would not require...more

ERISA Trumps State Law Claims in Anthem Data Breach

The U.S. District Court for the Northern District of California ruled that the Employee Retirement Income Security Act (ERISA) preempts state-law claims arising out of Anthem’s data breach in Smilow, et al. v. Anthem Life &...more

Model Social Media Privacy Legislation To Be Proposed in 2016

The Uniform Law Commission (ULC), a non-profit unincorporated association comprised of state commissions on uniform laws from each state, recently announced that it intends to vote on model social media privacy legislation in...more

Hospice EndNotes - December 2015

Winds of Change Blowing Across the Hospice Landscape - Recent Medicare developments indicate that end-of-life health care providers can expect to face continuing change in an already dynamic sector. These latest turns...more

International data transfer news… a bit like buses

You know how you wait for ages for a bus to come (well, we do in Europe) and then three come along at once? Well it’s a little like that in the data privacy arena right now, as far as transfer of international personal data...more

HR Data Security in the Spotlight

Cloud computing has the potential to provide on-demand efficiency, lower costs and flexibility for HR functions. However, it is important to manage a number of data privacy and security issues to protect sensitive HR data in...more

Company’s use of GPS to track employee did not violate collective bargaining agreement

On November 2, 2015, the National Labor Relations Board (NLRB) released an advisory letter stating that Shore Point Distribution Co. (Shore Point), an alcoholic beverage distributor in New Jersey, did not violate labor laws...more

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0...

In the wake of last month's landmark decision by the European Court of Justice (ECJ) invalidating the U.S.-European Union (EU) Safe Harbor framework, hundreds of U.S. multinationals, no longer able to rely on the Safe Harbor...more

How Often Can We Run Credit Checks On Dealership Employees?

Picture this scenario: a privately held dealership operates 16 stores in Southwest Florida. The company’s CFO tries to keep on top of how the finance managers, cashiers, parts managers, and others who handle money or property...more

Recent Amendments to Security Breach Notification Laws Further Complicate Breach Notification for Employers

It is not a matter of "if" but "when" an employer will be required to notify employees of a security breach.  Forty-seven states require employers to notify employees when defined categories of personal information, including...more

CFPB Enforcement Action Against Two Background Screeners

The Consumer Financial Protection Bureau (CFPB) announced that it has taken action against two large background screening companies.  Yes, you are reading this correctly.  The CFPB…not the Federal Trade Commission, has taken...more

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