News & Analysis as of

Surveillance

Big Brother is Watching You: Feds Now Vetting Foreign Workers Via Social Media

by Akerman LLP - HR Defense on

Employers may need to start “following” the information their foreign national workers share on Twitter or Facebook, as the Department of Homeland Security is turning social media into the federal government’s latest...more

FERC Issues 2017 Enforcement Report

by Morgan Lewis on

Report adds transparency on surveillance activities and confirms that despite the lack of quorum for much of FY 2017, FERC enforcement activity continued prior trends....more

The Boundary Layer Between Law and Technology in the Connected Society

by Zapproved LLC on

If someone said to me, “You have to choose one phrase to describe the last couple of decades of world history, what would it be?” I would have very little trouble answering that question. I would describe the last couple of...more

Surveillance In The Workplace

by Pepper Hamilton LLP on

Q. Can employers prevent employees from recording conversations in the workplace. A. Sometimes. As technology continues to advance, so does the likelihood that everything you say and do is being recorded, even in the...more

The EU – US Privacy Shield Passed Its First Annual Review

by Jackson Lewis P.C. on

The European Commission recently issued an overall positive review in its first annual report on the E.U. – U.S. Privacy Shield (“Privacy Shield”), after evaluating the Privacy Shield in its joint review with the US last...more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

by Morrison & Foerster LLP on

Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and...more

Measure Introduced In The House To Restrict Internet Surveillance Of Americans

by King & Spalding on

On October 6 a bipartisan group of lawmakers from the House Judiciary Committee unveiled the USA Liberty Act (H.R. 3989), which seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Section...more

Employment Law Navigator – Week in Review: July 2017 #4

by Zelle LLP on

Last week, HR Dive reported on a Washington federal court’s June order requiring that a public employer pay $1.8 million to a terminated employee. The worker was fired when she failed a drug test due to her lawful use of...more

The Italian Supreme Court Restricts Employer’s Remote Control of Employees

by Bryan Cave on

The Italian Supreme Court, with its recent decision (No. 22148 of May 8, 2017), restated the main principle of Section 4 of “Workers’ Statute of Rights” (as amended by Section 23 of the Legislative Decree No. 151/2017)...more

Report 528 – The Findings of ASIC's Surveillance Program on Responsible Entities

by K&L Gates LLP on

Earlier this month, the Australian Securities and Investment Commission (ASIC) released its findings from its 2016 surveillance program covering responsible entities' compliance with their legal obligations. ASIC's...more

Good or Bad? Facebook, Instagram Updated Privacy Policies Could Signal Industry-Wide Crackdown on Social Media Surveillance

by Butler Snow LLP on

Facebook and Facebook-owned Instagram recently updated their privacy policies to protect users from social media surveillance. These updates could lead an industry-wide trend in restricting third-party sales of user data....more

CAS Legal Mailbag Question of the Week – May, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am new to my position as principal of a small elementary school and, frankly, I am surprised at how low energy my teachers are. It seems to me that they do the absolute minimum whenever they...more

Computer Surveillance by Employers: Finding the Balance between Business Interests and Employee Privacy Rights

by Dickinson Wright on

As the use of computers and computer activity becomes more pervasive in the workplace, employers are facing new challenges. Generally speaking, greater network connectivity should be welcomed by employers. However, the use of...more

Employment News - March 2017 #1

by Hogan Lovells on

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Sky Pilot Replaces SEC’s RoboCop

by Dorsey & Whitney LLP on

The SEC has become “Sky Pilot” (borrowed from the rock song sung by Eric Burden and The Animals) in an effort to fret out financial fraud. In the past evidence of financial fraud may have come from a whistleblower. Staff...more

Geolocation Privacy and Surveillance Act Introduced in US Congress

by Morgan Lewis on

On February 15, the Geolocation Privacy and Surveillance Act (GPS Act) was introduced by a bipartisan group of US Congress members. Designed to enact comprehensive rules for both government agencies and commercial service...more

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

by Hogan Lovells on

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer...more

Global Cybersecurity, Surveillance, and Privacy: The Obama Administration’s Conflicted Legacy

In the wake of Edward Snowden’s disclosures, the United States administration faced a daunting series of challenges on surveillance, cybersecurity, and privacy. Congress was reluctant to enact comprehensive legislation....more

Employment Law Letter - Winter 2017

by Shipman & Goodwin LLP on

For many years there has been disagreement about whether or not employees who bring discrimination claims under Connecticut’s Fair Employment Practices Act can get punitive damages (not just compensatory damages for lost...more

EU court strikes down security legislation over privacy concerns

by Dorsey & Whitney LLP on

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

CJEU holds that mass surveillance must not be general and indiscriminate

The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member...more

The Court of Justice of the European Union Limits the Scope of National Data Retention Laws

by WilmerHale on

On December 21, 2016, the Grand Chamber of the Court of Justice of the European Union handed down another important judgment regarding data privacy in the European Union. The court held that under the Charter on Fundamental...more

Government Surveillance Under a Trump Administration

by Shearman & Sterling LLP on

As the transition of power from President Barack Obama to President-elect Donald Trump continues, industry and consumer-protection groups continue to scrutinize Trump’s appointments, policy positions and tweets for insight...more

Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law

by CloudNine on

In Cahill v. Dart, No. 13-cv-361 (N.D. Ill. Dec. 2, 2016), Illinois District Judge John Z. Lee adopted, with modifications, the Report and Recommendation of Magistrate Judge Cox regarding the plaintiff’s motion to sanction...more

Every breath you take, every move you make – the future of measuring workplace productivity

by Seyfarth Shaw LLP on

Technological advances in monitoring and surveillance call to mind the lyrics of The Police’s widely misinterpreted hit, Every Breath You Take. But how will this emerging new frontier play out in workplaces and work...more

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Cybersecurity

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