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Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Your Employer Doesn’t Own Your LinkedIn Account, and They Shouldn’t Try To
Employees reveal a lot of personal information on social media, which opens lively debates about whether and how employers can access that information. A new Colorado statute significantly limits employer's access by making...more
The Office for Civil Rights (OCR) is preparing to conduct an online survey of the 115 covered entities it audited in 2012 as part of the HITECH-mandated, pilot audit program. OCR hopes to use the survey results to evaluate...more
Following the lead of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), which already released its draft report (see our prior blog), 20 February, the European Parliament Committee on Industry, Research and...more
As announced during the 2013 State of the Union Address, President Obama recently signed an Executive Order on cybersecurity. The primary goals of the Executive Order are to (a) improve communication between private companies...more
Full text copy of Supreme Court's dismissal of lawsuit challenging federal wiretapping program. On Tuesday, February 26, 2013, a divided Court dismissed a challenge to the FISA Amendments Act, which permits federal...more
Full text copy of the Preserving American Privacy Act (PAPA) sponsored and introduced by Representatives Zoe Lofgren (D-California) and Ted Poe (R-Texas) to "provide for a legal framework for the operation of public unmanned...more
Full text copy of President Obama's executive order calling for greater protections against cybersecurity risks, as mentioned in his Feb 12, 2013, State of the Union address. The order is meant to bring more security and...more
Background: GINA prohibits discrimination based on an individual’s genetic information in both the employment and health coverage contexts. In 2009, HHS published a notice of proposed rulemaking to strengthen the privacy...more
Today’s post focuses on the treatment of genetic information under the new regulations for the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Ogletree Deakins has...more
The law of geolocational privacy continued to evolve in 2012 even though the Supreme Court sidestepped the issue in a potential landmark case. Despite the lack of clarity from the Supreme Court, there will be more...more
The final rule is significant for any organization that is considered to be a HIPAA covered entity (“CE”) (health systems, health care providers, health plans, etc.) or the more broadly defined business associate (“BA”)....more
On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to...more
A video clip from a policeman’s deposition may remain on YouTube because the city failed to justify why it should be taken down. The City of Collinsville, Illinois, sought a protective order to remove the video clip, which...more
The HHS Office of Civil Rights (OCR) recently released guidance intended to assist covered entities in understanding what de-identification is, the general process by which de-identified information can be created, and the...more
On November 26th, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) released guidance on the methods that covered entities and business associates can use to de-identify protected health...more
On November 26, 2012, the HHS Office for Civil Rights (OCR) published guidance (the "Guidance") on the two approved methods for de-identifying protected health information (PHI) to satisfy the HIPAA Privacy Rule's...more
The Department of Health and Human Services Office for Civil Rights released its long-awaited guidance regarding the de-identification of protected health information in compliance with the Health Insurance Portability and...more
A Colorado federal judge ordered that a person suing her former employer must provide all of her cell phone messages, social media passwords, and passwords to access any of her email accounts or blogs for the judge’s in...more
On November 15, 2012, the Sexual Orientation and Gender Identity Conference (SOGIC) of the Ontario Bar Association (OBA) held a seminar on “Sexual Orientation & Gender Identity: Managing Personal Privacy and Reputational...more
In This Issue: - Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer - Q & A . . .2 - Progress of Legislation ..Federal . . . 3 ..Ontario ....more
In a statement for the record, EPIC called on the Senate Subcommittee on Privacy, Technology, and the Law to protect the ability of individuals to control the disclosure of their identity. The hearing on "What Facial...more
No matter how big or small your company currently might be, your company needs a geolocation policy that takes human rights into account if you are either: - gathering or storing data that personally identifies your...more
What if the story of your life was written at birth- a “future diary” available for someone to read? The decoding of the human genome over a decade ago held the promise of defying our genetic destiny, but it also foreshadowed...more
EPIC submitted comments to the Presidential Commission for the Study of Bioethical Issues, urging the advisory panel to protect genetic privacy in large-scale human genome sequence data. The Commission requested comments...more
April 12 (Bloomberg Law) -- Trevor Timm, activist at the Electronic Frontier Foundation, talks with Bloomberg Law's Lee Pacchia about the Cyber Intelligence Sharing and Protection Act (CISPA), a new bill that attempts to...more
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