News & Analysis as of

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

Notifying Parties In Username/Password Breaches . . . It’s Not Just the Law

As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws. Specifically, many...more

Employees: Your Role in Keeping Trade Secrets ‘Secret’

As an employee, do you know what you should be doing to protect your company’s critical business information and trade secrets? It’s likely that in your employment contract you agreed not to disclose confidential corporate...more

Social Media Employee Privacy Laws – The New Majority Approach?

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

Court Refuses to Compel Employees to Disclose Passcodes for Employer-Issued Smartphones

Just this week, in Securities and Exchange Commission v. Huang, No. 15-269 (E.D. Pa.  September 23, 2015), the United States District Court for the Eastern District of Pennsylvania denied the Securities and Exchange...more

Gavel to Gavel: Filling data security gaps

Sound data security programs are not only structured, but populated. Managers provide active oversight of employee access to and usage of data. Proper management can help avoid certain often-­-overlooked ...more

Weekly Privacy Tip#1 – Password management

I am asked every day how one can protect their information and privacy in this world of daily data breaches, so we are adding a weekly practical tip to assist our readers in managing their information....more

UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

Delaware Changes Online, Student Privacy Protection Laws

Four pieces of legislation intended to improve online privacy and protections for Delaware residents were signed into law by Governor Jack Markell on August 7, 2015. Collectively, this legislation will impact a broad range of...more

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Delaware enacts a series of privacy laws

Delaware recently enacted four privacy laws–the Online and Personal Privacy Protection Act (DOPPA), the Student Data Privacy Protection Act (SDPPA) the Victim Online Privacy Act (VOPA) and the Employee/Applicant Protection...more

Six Ways for Data-Driven Medical Device Companies to Implement Effective Privacy and Security Measures

The increasing amounts of health information being generated, stored and collected have heightened the special risks medical device manufacturers have long faced. In addition to the nexus to patient health and safety, if a...more

Maine Cannot Ask Employees for Access to Social Media

Social media privacy legislation has seen a dramatic increase in interest in state legislatures recently. In 2015 alone, at least 23 states have introduced or considered measures to restrict employers’ ability to track,...more

Maine joins the mainstream with new social media law

Joining more than 20 other states, and many of its sister states in the Northeast, Maine has passed a social media law that prohibits employers from requiring employees or applicants to provide them with their social media...more

Digital Trust and Passwords

According to a recent report entitled Digital Trust in the IoT Era published by Accenture, 77% of consumers are interested in adopting alternatives to logging in by username and password. While companies using mobile...more

New NIST Guide Advises Healthcare Companies on Securing Patient Health Information on Mobile Devices

In response to a growing demand for cybersecurity guidance in the health care industry, the National Institute of Standards and Technology (NIST), through its National Cybersecurity Center of Excellence, recently published a...more

Be aware of Windows 10 free upgrade opt outs

Since July 15, Windows 7 and Windows 8 users have been offered a free upgrade to Windows 10. Windows 10 includes Wi-Fi Sense, which features a default prompt that asks users to share access to WiFi networks that they have...more

Getting More Personal: California Amends Data Security Law

California’s data security statute will get a little more “personal” as of January 1, thanks to a recently-passed amendment revising the definition of covered personal information. On July 14 California expanded the...more

State Law Roundup: Legislatures Across the U.S. Revamp Data Breach Notification Laws

As the number of highly publicized data breaches continues to skyrocket and proposals for a federal data breach notification law stagnate, state legislatures around the country have been busy amending their own breach...more

Class Is in Session: The FTC Launches New Data Security Initiative

Why it matters - The Federal Trade Commission (FTC) kicked off a new educational initiative to provide guidance to businesses in the area of data security. Based on the lessons learned from more than 50 of the agency's...more

FTC's New Consumer Data Security Guidance Offers Businesses Practical Tips

The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past...more

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