Surveillance

News & Analysis as of

Workplace Privacy: What Every CCO Needs to Consider

Most of us go through our daily lives unthinkingly assuming that our actions, movements and conversations are private. However, in today’s high tech and connected world, that is no longer the case. If you drive a car, carry a...more

“Videoday” beim 8. Senat des BAG

Die Entscheidungen des 8. Senats des BAG zur heimlichen Videoüberwachung einer (vermeintlich) krankfeiernden Arbeitnehmerin (BAG v. 19.02.2015 – 8 AZR 1007/13) und zur Nutzung eines Imagefilms, in dem ein Ex-Arbeitnehmer als...more

Significant changes to the EU regime governing the export of dual use goods from the UK and other EU member states

The EU Dual Use Regulation (Regulation (EC) 428/2009) (the "Dual Use Regulation") governs the export of a range of 'dual use' goods and associated technology from the UK and other EU Member States. Dual use goods are those...more

Florida drone bill a reminder to UAS operators: Know all the rules before you fly

A bill recently introduced in the Florida House of Representatives would enhance privacy-related restrictions on the operation of unmanned aircraft systems (“UAS,” otherwise known as “drones”) in the state. The Freedom from...more

A Claimant May Be Deposed Before Shown Surveillance Materials

The Fourth District in Hankerson v. Wiley, --- So. 3d ----, 2015 WL 71735, 40 Fla. Law Weekly D195 (Fla. 4th DCA Jan. 7, 2015), aligned itself with recent Third District decisions and quashed a trial court order which...more

Make Surveillance Worth the Money

A largely sedentary/stationary workforce is a luxury in the world of Workers’ Compensation law because the idea of a disabling work injury, or a nagging, high cost medical recovery period, seems to be a remote possibility. ...more

Monitoring Employees: How Far Can You Go?

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Drone on Drones: New Court Decision Reflects Shifting Views on Privacy in Public

Whenever drone policy is raised as a topic, privacy concerns follow close behind it as a discussion point. The idea of aerial surveillance that is cheaper, less time-intensive and requires fewer man hours to get off the...more

Drone on Drones: FAA Issues Commercial Drone Permits to Additional Companies

In the face of increasing public and congressional pressure to speed up access to domestic skies for commercial drone use, the FAA granted four companies permission to use drones for aerial surveillance, construction site...more

My Vote for Privacy Person of the Year

There isn’t an official Privacy Person of the Year award. If there were, Edward Snowden almost certainly would have won it last year. Instead, he finished in second place, behind Pope Francis, as TIME Magazine’s 2013 Person...more

Defendant’s Gross Negligence Leads to Adverse Inference Instruction (New York)

Riley v. Marriott Int’l, 2014 WL 4794657 (W.D. N.Y. Sept. 25, 2014). In this personal injury case, the plaintiffs sought video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the...more

Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras

While there are many considerations for police departments interested in using body-worn cameras in the field, including policy issues and deployment procedures, there are some legal — and somewhat controversial — hurdles...more

China Launches Massive Cross-Platform Cyber Attack

The very tool (cell phones) that has allowed millions of previously disconnected people to coordinate large civil protests in numerous countries is now being used to quash dissent in Hong Kong. If recent reports are proven...more

Judge Dismisses FDA Spying Case But Not Because It’s Innocent

Earlier this week a federal judge dismissed a lawsuit by six former and current FDA scientists who allege that the FDA retaliated and spied on them for blowing the whistle on FDA approval of medical devices that put cancer...more

Drone Technology Generates Significant Legal Buzz

Overseas, the military is unrestricted in its use of UAVs for routine surveillance purposes. No fourth amendment considerations are raised during battle. No search warrants need be obtained, trespassing laws are not adhered...more

Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat...more

Texas Supreme Court Issues New Framework for Spoliation Sanctions

On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more

Untamed Skies: Domestic Drones Remain Unregulated

What once was a technology confined almost exclusively to military use has now made its way into the hands of businesses, domestic agencies and private hobbyists. Small, Unmanned Aerial Vehicles (or UAVs), more commonly known...more

Mexico’s online tax surveillance becomes operational

As part of the Tax Reform that became effective on January 1, 2014, the Mexican Congress passed a series of amendments to the Federal Tax Code for the purpose of modernizing and facilitating the compliance and enforcement of...more

Let's Go to the Video!

Barry P. Goldberg recognizes that more and more cases are being decided by video evidence from many different sources. The cost of surveillance video and equipment has dropped dramatically over the years and is not limited to...more

Virginia Business Law: Donald Sterling and the Law on Audio Recordings

This isn’t really about Donald Sterling, the now-infamous owner of the Los Angeles Clippers. It’s about what made him a household name. Audio recordings have been causing businessmen and politicians problems for years. What...more

No Sex Please, We’re British: More from GSK in China

The above is the title of a British television show/play/movie which is a farcical romp about a newlywed couple who mistakenly receive an initial shipment of pornographic pictures, then movies and women, all sent from Sweden...more

Supreme Court Fires Shot Across The Bow Of NSA Metadata Collection

Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more

Court upholds citizen surveillance of police activity

We often worry of growing privacy intrusions due to surveillance. But surveillance comes in different flavors, and some surveillance can even affirm and support individual interests in personal liberty. For example, a recent...more

Jay Z Captured in a New Era of Private Video of Official Video

Rapper Jay Z and his sister-in-law reminded us this week that, prior to revelations about NSA data collection efforts, it was the lives of the rich and famous that often sparked debate about privacy in our country....more

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