Following last year’s Supreme Court decision in Quon v. Arch Wireless, a case that Yaron Dori and I explored in an earlier E-Commerce Law Reports article, courts across the country have been struggling to balance employers’ right to monitor employees’ electronic communications against employees’ privacy rights. The latest volley in this area is
January 2011
The Outlook for 2011: Privacy Legislation in the House
The key House committee with jurisdiction over privacy legislation is changing from top to bottom, undergoing as big a change as any committee in Congress, and is experiencing the largest turnover of Members and leadership in more than two decades. These changes will have a profound impact on not just who is driving the privacy…
Governmental Cloud in the EU – New ENISA Report
Hot on the heels of its report on data breach notifications in the EU, the EU’s cyber security regulator, ENISA, published yesterday a new report on cloud computing in the government. The report is targeted at senior managers of public bodies who are considering cloud computing platforms and services, and it aims to…
ENISA report on data breach notifications in the EU
The EU’s ‘cyber security’ agency ENISA has issued a report on data breach notifications in the EU. The report is in response to the 2009 amendments to the ePrivacy Directive requiring telecom and Internet service providers to issue notifications for personal data breaches, which Member States must transpose into national legislation by May 2011.
The…
UK Government Opts In to EU Fingerprint Database
This past week, the United Kingdom Minister of State for Immigration, Damian Green, announced that the UK will join the Eurodac fingerprint database, a large centralized database containing the fingerprint data of asylum seekers and illegal border crossers who are found within EU territory. Accordng to Green, the move will assist Europe in streamlining its…
Notions of Health Privacy as a Function of Technology, Law and Policy
The International Association of Privacy Professionals hosts its Global Privacy Summit in Washington, DC on March 9-11. Those who are interested in health privacy may be especially interested in the following session on March 11 from 11:45 am to 12:45 pm:
Notions of Health Privacy as a Function of Technology, Law and Policy
As medical…
Privacy in a Health IT World
The President’s Council of Advisors on Science and Technology recently released a report entitled, “Realizing the Full Potential of Health Information Technology to Improve Healthcare for Americans: The Path Forward.” It is a wonkish discourse on the future of health information technology.
The report offers an interesting glimpse at what may be the…
Coming Soon: Final HITECH Act HIPAA Privacy/Security Rules
In July of last year, the U.S. Department of Health & Human Services Office for Civil Rights issued a proposed regulation implementing changes to HIPAA resulting from the HITECH Act. As we previously reported, the proposed regulation significantly expands the scope of the privacy, security, and enforcement provisions of HHS’s existing HIPAA rules.
Last…
Adobe Commits To Providing Users Control over “Flash Cookies”
Adobe’s Flash Player includes a local storage feature that enables websites and applications to remember consumer data, such as log-in credentials and form information. However, media and data companies’ use of this feature, which is sometimes referred to as a “Flash cookie,” has been the subject of a number of recent lawsuits. Specifically, plaintiffs allege…
Comcast/NBCU Commit To Limit Interactive Advertising in Children’s Programming
Earlier this week, Comcast — the largest cable operator in the U.S. — stated in a filing to the Federal Communications Commission that it would commit to limit interactive advertising in children’s programming as a condition of obtaining approval of its acquisition of NBC Universal. Specifically, as long as they have control over the program’s advertising, Comcast and NBCU will not…