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Technology and the Law

Privacy Concerns and Employee Surveillance

September 3, 2009
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Employees may have enforceable privacy interests in work areas, such as enclosed offices where they work, changing rooms and lockers accessible only to the employee. While searches or surveillance of work areas can be defended with legitimate cause, employers should consider policies and procedures to alert employees to the employer's reserved right to conduct such surveillance. Even then, surreptitious photographing of employees should be carefully limited.
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Hacked Data Heists Teach Lessons in Cyber Risk Management

August 25, 2009
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The indictment of an alleged master hacker in massive data thefts underscores the role that risk managers play in information technology security.
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New Regulations Cover Health Care Information Data Breaches

August 25, 2009
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The U.S. Department of Health and Human Services has issued regulations requiring providers, health plans and other entities covered by the Health Insurance Portability and Accountability Act to notify individuals when their health information is breached.
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California Court Rules Hidden Nighttime Camera Not a Privacy Violation

August 5, 2009
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An employer did not violate employee privacy rights by installing a hidden camera aimed at catching a person viewing online pornography after business hours, California's Supreme Court ruled.
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How Employers Can Keep Themselves From Being YouTubed

May 8, 2009
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When some Domino's employees recorded their nauseating sandwich-making antics and posted them online, it opened the company up to what could be a devastating blow to its reputation. In the incident's wake, employers should re-evaluate their employment practices and consider putting safeguards in place to help prevent a similar occurrence.
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Employee Today, Competitor Tomorrow

April 30, 2009
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Former employees have been known to misappropriate a company’s proprietary information to gain employment or realize an advantage with a competitor. Some attempt to use the company’s confidential personnel information to solicit current employees to resign and join a competitor. To avoid becoming a target of such actions and minimize any damage that results, employers must take certain precautions to protect key business assets: the company’s confidential and proprietary information and its relationships with its customers.
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Data Breach Threats From Within Growing

April 9, 2009
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While the external hacker is something companies have learned to defend against, the internal data breach threat is growing. Tools are still evolving to thwart insider thefts of company information.
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Latest Breach of Monster’s Data Fuels Disclosure Debate

February 11, 2009
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The company’s Web site notes it ‘cannot disclose specific details of the situation because we need to protect the integrity of our security systems and our ongoing inquiry into this situation.’
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As the Scope of Employment Expands, So Does Employer Liability

December 22, 2008
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Generally, employers are liable only for the torts of their employees committed within the scope of employment. Unfortunately, the scope-of-employment doctrine has never had clearly defined edges, and now, with the blurring of the line between personal and professional lives, employers are exposed to ever-increasing liability. They may need to rethink their policies on providing employees with mobile devices.
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Survey Tech Firms Cutting Back on Staffing

December 15, 2008
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The job cuts are also expected to affect tech salaries. Some 53 percent of hiring managers and recruiters surveyed by Dice said they expect flat salaries, and 27 percent anticipate lower salaries for new hires this year.
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