Privacy, Communications & Media Law, Administrative Law

Emails and Text Messages On Personal Devices Subject to Public Records Act - Judge’s Ruling Demonstrates Risk to Public Agencies;...

by Kara K. Ueda | Best Best & Krieger LLP on 3/25/2013

A Santa Clara County Superior Court judge recently ruled that emails and text messages concerning city business but stored on a public official’s personal device are subject to the Public Records Act (PRA). The PRA request at...more

Telecommunications in the 113th Congress

by David Leiter, Jeremy Rabinovitz, Rachel Sanford | Mintz Levin - Communications on 1/16/2013

The 112th Congress saw a lot of activity focused on new and changing technologies, but few legislative breakthroughs. Early in the year, there was significant activity around intellectual property and online piracy issues,...more

News From The Heartland: Social Media Privacy Law Proposed In Nebraska

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/15/2013

Employers in Nebraska should take note that the Nebraska Legislature has recently introduced a bill that would prohibit employers from demanding access to applicants' and employees' social media accounts. Similar bills were...more

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

by Antony Kim, Stephanie Sharron, Joe Wright | Orrick, Herrington & Sutcliffe LLP on 1/15/2013

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

California Attorney General Announces Privacy Recommendations for Mobile Apps and the Mobile Industry

by Ieuan Jolly, Brian Nixon, Michael Thurman | Loeb & Loeb LLP on 1/14/2013

Yesterday Kamala Harris, California's Attorney General, issued Privacy on the Go: Recommendations for the Mobile Ecosystem. The report and recommendations are intended to encourage app developers and others in the mobile...more

Labor & Employment E-Note - January 2013

by Burr & Forman on 1/11/2013

In This Issue: - NLRB Protects Workers' Rights to Post About Job on Facebook - 6 States Ban Companies from Asking for Social Media Passwords - Health Law Requires Employers to Offer Family Care to All - Fiscal...more

California’s Attorney General Releases Privacy Recommendations for Mobile Apps

by Karen H Bromberg | Cohen & Gresser LLP on 1/11/2013

California’s Attorney General released, on January 10, 2013, a lengthy set of recommended privacy practices aimed at app developers, app platform providers, mobile ad networks, operating system developers, and mobile...more

Canada’s Anti-Spam Law (CASL) – Proposed New Regulations Would Soften Impact

by Margot Patterson | Dentons on 1/9/2013

Draft Regulations recognize CASL should not apply to ”regular business communications” Industry Canada has published long-awaited draft Regulations that would lessen the impact of Canada’s Anti-Spam Law (CASL) on...more

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking For Social Media Passwords?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 1/9/2013

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees. Texas joins a long list of states that have...more

New Michigan Law Prohibits Employers From Asking Applicants And Employees For Access To Personal Internet Accounts

by Matthew A. Carmona | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

The apparent practice by employers of requesting access to employees’ and applicants’ social media accounts, such as Facebook and Twitter, has led the state of Michigan to pass the Internet Privacy Protection Act (PA 478 of...more

5 Best Practices for Employers Addressing Social Media Use in the Workplace

by Cecile Martin | Proskauer - Privacy & Data Security on 1/7/2013

For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place....more

Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees

by William Balke, Philip Gordon | Littler on 1/7/2013

On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an...more

Are Your Mobile Devices HIPAA Compliant? Practical Steps to Ensure Compliance

by Sarah E. Swank | Ober|Kaler on 1/7/2013

Mobile device use is becoming more commonplace in health care. Health care professionals use text messaging to communicate with each other about patient status. Medical schools now provide residents tablets to use as...more

Keep An Eye On Those Shiny, New Mobile Devices!

by Ryan Blaney | Proskauer - Privacy & Data Security on 1/7/2013

As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has responded with educational...more

Privacy Resolutions for Mobile App Providers in the New Year

by James McPhillips | Pillsbury Global Sourcing Practice on 1/5/2013

The end of 2012 saw a flurry of activity in the area of privacy enforcement. In July, Kamala Harris, the Attorney General of California, announced the formation of California's own state agency to investigate and enforce the...more

Second of a series: Privacy and Security Issues for 2013

by Mintz Levin - Privacy & Security on 1/5/2013

Our series over the next 10 days will highlight the top issues, as we see them, in privacy and security for 2013. Yesterday, we looked at the increase in cybcersecurity disclosure by public companies, triggered by the...more

Fifth Circuit Holds Data On Personal Cell Phone Not Protected By Stored Communications Act

by BuckleySandler LLP on 1/4/2013

On December 12, the U.S. Court of Appeals for the Fifth Circuit held that the Stored Communications Act (SCA) does not apply to data stored in a personal cell phone and affirmed a district court’s grant of summary judgment to...more

Michigan -- The Latest State to Ban Employers From Accessing Password Protected Social Media Accounts

by Baker, Donelson, Bearman, Caldwell &... on 1/4/2013

On Friday, December 28, 2012, Michigan became the fourth state to ban employers from accessing password protected social media accounts....more

Password Protection For Employees

by Jennifer McLaughlin | Cullen and Dykman LLP on 1/4/2013

Along with the New Year comes new legislation. The prominent role of social media in our society has prompted some employers to require that employees and applicants provide user information and passwords to their social...more

Whether Employers Like It Or Not, Social Media Privacy Laws Are Catching Fire

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/4/2013

Whether employers like it or not, social media privacy laws are the latest trend in protecting employee privacy. A handful of state legislatures have enacted laws prohibiting employers from requesting or requiring that...more

Michigan Becomes the Sixth State to Enact So-Called “Facebook Password” Law

by Michelle P. Crockett, Adam S. Forman | Miller Canfield on 1/3/2013

As we alerted you on December 21, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA). On December 28, 2012, Governor Snyder signed the IPPA, which took effect...more

Increasing Scrutiny of Consumer Data Collection

by Rochelle Alpert, Karen Butcher, Ron Dreben, W. Reece Hirsch, Dana Nicoletti, Carla Oakley | Morgan Lewis on 1/3/2013

Recent FTC and California Attorney General actions highlight the need to reassess privacy policies. The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection...more

New Year's Watch: State Laws Take Effect to Prohibit Employers from Mandating that Job Applicants and Employees Divulge Social...

by Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Daniel Saperstein, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 1/3/2013

With the start of the New Year, the laws of four states (Maryland, Illinois, California, and Michigan) prohibit employers from requiring job applicants or employees to grant access to their personal password-protected social...more

Private Eyes Are Watching You – California Files Its First Internet Consumer Privacy Enforcement Action

by Joan Archer, Jennifer Byrne, Tiffany Schwartz | Armstrong Teasdale LLP on 1/3/2013

Last month, the State of California filed its first enforcement action under its privacy laws against Delta Air Lines, seeking potentially millions of dollars in fines. Under California’s consumer privacy law, all parties...more

Five Data Governance Matters To Address In 2013

by Tim Banks | Dentons on 1/2/2013

It is 2013, and time for a bit of tough love. Here are five data governance matters that need your attention as soon as possible....more

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Privacy › Communications & Media Law › Administrative Law