The New Jersey courts have been handling a case that squarely addressed a company’s ability to monitor employee email. Back in April of 2009, I mentioned a New Jersey case that found e-mail, sent during work hours on a company computer, was not protected by the attorney-client privilege: Compliance Policies and Email. That later was … Read more »
Category: Privacy
Data breach Sharing Framework
With the Massachusetts Data Privacy Law now in place (and presumably you are in compliance with it), you need to think about what to do if you have an incident. Verizon has published the Verizon Incident Sharing Framework to help. Our goal for our customers, friends, and anyone responsible for incident response, is to be … Read more »
Data Breaches and Knowledge Management
One of the features of the new Massachusetts Data Privacy Law is that it forces some knowledge management on companies in the context of data breaches. Since the law required compliance on or before March 1, 2010, I assume you already have the policy and safeguards in place. That is, if you have social security … Read more »
Today is the Deadline for the Massachusetts Data Privacy Law
March 1 is the compliance deadline for the Massachusetts Data Privacy Law. 201 CMR 17.00 requires you to be in full compliance on or before January 1, 2009 January 1, 2010 March 1, 2010. If your company receives, stores, maintains, processes or otherwise has access to “personal information” acquired in connection with employment or with … Read more »
Another Reason to Secure Your Wireless Network
If you care about network security, you are probably well aware of the Massachusetts Data Privacy Law and its requirement to secure wireless networks. But password-protecting a wireless router also has constitutional significance. A child pornography suspect had no constitutionally protected privacy right in the files found on his personal computer, accessible by a neighbor … Read more »
More on Data Privacy Day
Today is International Data Privacy Day. Massachusetts Recognizes Data Privacy Day 2010 and touts the the new data security regulations. Disney has enlisted Phineas and Ferb to help guide your kids through cyberspace and teach them about the rules of the road on the internet. Google published their guiding privacy principles and published a video … Read more »
Data Privacy Day is January 28
Data Privacy Day is an annual international celebration to raise awareness and generate discussion about information privacy. Last year, both the U.S. Senate and House of Representatives recognized January 28th, 2009 as National Data Privacy Day. Intel, Microsoft, Google, AT&T, LexisNexis and The Privacy Projects are sponsoring Data Privacy Day efforts, with assistance from Intuit … Read more »
Monitoring Employee E-mail in Canada
The key to a defensible system of e-mail monitoring is the creation of a comprehensive and communicated computer use policy. That is apparently as true in Canada as it in the United States. Brian Bowman and Andrew Buck put together an excellent privacy primer on Monitoring employee e-mail: a privacy primer. In what situations is … Read more »
Computer Files for Employees in France
France has strict laws on the ability of a company to monitor its employees’ computers. But a recent French decision found that files created by an employee on a computer issued by the company for work purposes are presumed professional unless the employee identified them clearly as personal. So the company can open these files … Read more »
Supreme Court to Hear Case on Employer Access to Worker Messages
How much privacy do workers have when they send text messages from company accounts? Users of text-messaging services “have a reasonable expectation of privacy” regarding messages stored on the service provider’s network, 9th Circuit Judge Kim Wardlaw said in Quon v. Arch Wireless Operating Company, Inc., 529 F.3d 892 (9th Cir. 2008). In that case … Read more »