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Labor & Employment Privacy Science, Computers & Technology

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

New Wave Of Biometric Privacy Class Actions: Could You Be A Target?

by Shook, Hardy & Bacon L.L.P. on

While the privacy world is focused on the Equifax data breach, another development is taking place that could have a more lasting effect on privacy law. In the last month, plaintiffs’ lawyers in Illinois have filed over 20...more

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

Collecting Fingerprints or Other Biometric Information without Consent Could Be Costly

by Freeborn & Peters LLP on

If you are an employer or other entity that is using the biometric information of your employees, customers or others, such as fingerprint or retina scans, for purposes such as timekeeping, computer login, or customer...more

Chipping Employees: The “Wave” of the Future?

by Seyfarth Shaw LLP on

A key cinematic meme over the past 25 years is an electronic device implanted under your skin that tracks your movements, provides you access to restricted areas, or connects you to a larger virtual community. ...more

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

by Franczek Radelet P.C. on

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information...more

Cyber-insurance and Employee Data Breaches: Part 1

by Bryan Cave on

A large portion of the hundreds of data breaches and thousands of data security incidents that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were...more

Illinois Employer Faces Class Action For Using Fingerprints To Track Attendance

by SmithAmundsen LLC on

Technology allowing employers to use biometric data tools to track attendance and maintain worksite security abounds. Purveyors hype the advanced technology’s ability to accurately validate time entries, eliminate fraud, and...more

Employer-Sponsored Health Plan HIPAA Compliance Checklist

by Davis Wright Tremaine LLP on

The administrative simplification provision of the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA) impose obligations on employer-sponsored group health plans. Given recent...more

Hazards Ahead: Uptick In Biometric Privacy Laws Can Put Employers In Hot Seat

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more

Privacy & Cybersecurity Update - September 2017

In this month's edition of our Privacy & Cybersecurity Update, we take a look at the first annual review of the Privacy Shield by U.S. and EU officials, and the Federal Trade Commission's first actions alleging Privacy Shield...more

The 2017 Human Resource Professional's Handbook for Data Security Breaches

by Bryan Cave on

About twelve years ago, when most people had never heard the term “data breach”, a colleague asked me what type of law I practiced. I tried to explain that I helped companies collect, secure, and share data, and, when data...more

Construction E-Note - September 2017

by Burr & Forman on

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s...more

Looking the Other Way: European Court of Human Rights Grand Chamber Determines Employer Monitoring of Electronic Communications...

In a case highlighting the European Continent’s approach to worker privacy, the Grand Chamber of the European Court of Human Rights ruled that employers may violate employees’ rights when monitoring their electronic...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

European Court Rules On Employee Monitoring Programs And Privacy

by Jackson Lewis P.C. on

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Barbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts...more

European Court Provides Further Clarity on Employee Monitoring

by BakerHostetler on

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The...more

Vendor Breaches and Their Implications for Employers

by Littler on

The announcement by Equifax, Inc. that it had been victimized in a hacking incident involving the personal information of 143 million Americans generated headlines this past week. The sheer size of the hack means that most...more

New Class Action Litigation Risks – What Businesses Need To Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.”...more

Employers Increasingly Targets Of Illinois Biometric Information Privacy Act Lawsuits

by Jackson Lewis P.C. on

Although the Illinois Biometric Information Privacy Act has been the law in Illinois since 2008, in the past year, there have been at least 12 class actions filed against employers in Illinois state and federal courts seeking...more

EU Case Confirms That Employers Do Not Have Carte Blanche For Workplace Monitoring

by Reed Smith on

In early 2016, a European Court of Human Rights (ECHR) case (Barbulescu v. Romania) attracted much publicity because it appeared to give employers the green light to read employees’ private emails. The decision in the...more

EU GDPR Takes Effect on May 25, 2018: Is Your Company Prepared

by FordHarrison on

Does your company control or process personal data of employees residing in the European Union? If so, be aware of the upcoming implementation of the General Data Protection Regulations (GDPR). The deadline for complying with...more

Project planning for GDPR compliance: UK pension schemes

by Allen & Overy LLP on

The General Data Protection Regulation takes effect from 25 May 2018, and will require significant planning and preparation by UK pension schemes. Although many of the basic concepts set out in the GDPR will be familiar,...more

European Court of Human Rights Overturns Decision on Employee Email Monitoring

by McGuireWoods LLP on

Back in January 2016 Sarah Thompson reported on the European Court of Human Rights (ECHR) which ruled in favour of an employer who had terminated an employee’s employment, after investigating his misuse of a company email...more

Harvey And Irma – Reminders To Adopt/Reevaluate Your Disaster Recovery Plan

by Jackson Lewis P.C. on

The effects of hurricanes like Harvey and the approaching Irma should be a reminder to all businesses of the importance of disaster recovery planning. When a storm approaches, a business’s first concern is how to protect its...more

Cyber Crime Pays! Different Attacks Have Different Values

by Miles & Stockbridge P.C. on

Cisco’s midyear report showed that CEO fraud netted cybercrime five times more money than ransomware over the last three years. CEO fraud is a scam in which cybercriminals spoof company e-mail accounts and impersonate...more

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