Can Employers Use Employee’s Posts to Social Media As Basis for Employment Decisions or Would This Violate an Employee’s Right to Privacy?

Can Employers Use Employee’s Posts to Social Media As Basis for Employment Decisions or Would This Violate an Employee’s Right to Privacy?

Generally, employees have a privacy expectation in their personnel files, contact information, and work related information. However, this expectation of privacy is not limitless, especially when the employee publically airs his or her work experiences on social media sites for the public to see.

European Courts of Justice Rules Exceptions to Obligation to Notify Data Subjects of Processing Are Optional

European Courts of Justice Rules Exceptions to Obligation to Notify Data Subjects of Processing Are Optional

The European Courts of Justice (ECJ) ruled in the case of Institut professionel des agents immobiliers (IPI) v. Englebert, E.C.J No. C 473/12, 11/07/13) that EU member states have the option, but not an obligation, to transpose the list of exceptions provided under Article 13 of the EU Data Protection Directive 95/46/EC, which allows for the collection and processing of personal data without notifying the data subject in the following limited necessary circumstances.

HHS Announces Settlement with Dermatology Practice for Potential HIPAA Privacy, Security and Breach Notification Rule Violations

On December 26, 2013, the Department of Health and Human Services (“HHS”) announced a resolution agreement and $150,000 settlement with Adult & Pediatric Dermatology, P.C. (“APDerm”), a private dermatology practice based in Massachusetts, following a security breach that affected approximately 2,200 individuals.

Australian Data Protection Authority Issues Further Guidelines On Australian Privacy Principles

Australian Data Protection Authority Issues Further Guidelines On Australian Privacy Principles

The Australian data protection authority, the Office of the Australian Information Commissioner (OAIC), has issued two sets of guidelines further to our previous blog analysing earlier guidelines issued on the Australian Privacy Principles (APPS) that will provide the framework for Australia’s Privacy Amendment (Enhancing Privacy Protection) Act 2012 scheduled to take effect beginning 12 March 2014.